Reviewing a decision under the EUSS
What option does an applicant have if their EUSS application was either refused or pre-settled status granted instead of settled status?
Free movement ended on the 31 December 2020 and over 5.6 million EU citizens have applied for the EU Settlement Scheme. The deadline for the application to the EU Settlement Scheme was 30 June 2021 for most people.
Each applicant will receive a decision letter for their EUSS application. If the application was refused (or lesser status granted) the letter will normally provide details of how they can apply for the decision to be reviewed. This is called an administrative review.
An administrative review can either be made
- if the application was refused on eligibility grounds
- if the applicant was granted pre-settled status but thinks they qualify for settled status
A new application under the EU Settlement Scheme can also be made, if for example the applicant wants to move from pre-settled status to settled status. This application is free.
Cancellation of settled or pre-settled status or cancellation of leave under the EUSS family permit at the border
A letter will be handed to the person whose status has been cancelled at the border informing them if they have the option to apply for an administrative review. An application for administrative review will be possible if
- there has been a change in circumstances
- false information has been provided in the application
Application process
An application for administrative review must be made within 28 days of the date on the decision email. An administrative review application form needs to be completed. Every person applying for a review will need to complete their own form, whether they are a child or an adult.
Fees
The application will cost £80 per person. If the original application was a family group application, with the main applicant and dependant applying at the same time, a review application can be made for the whole group for £80. The fee will be refunded if the original decision is withdrawn due to case working error or the application for review is rejected because it’s invalid. The fee will not be refunded if the decision is changed solely because of the submission of new information. To submit new information or evidence a new application to the EUSS can be submitted for free instead.
Evidence
Additional information and evidence can be submitted with the application for review. Information previously submitted does not need to be provided again.
Due to an unprecedented level of applications, there are currently delays in processing applications. If no decision has been made within 3 months, the Home Office will contact the applicant on their situation. The delay will not impact the way the application is assessed or its outcome.
If the applicant is having issues with the administrative review form, they can contact the [email protected].
The application for administrative review can be made inside or outside the UK.
If you have any questions or if you need any assistance, please contact [email protected] in the Immigration team.
