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The Home Office has received an unprecedented demand from EEA nationals and their families for settled status in the UK following Brexit, which has led to a significant backlog of applications. A large number of potential applicants, an estimated 80,000, have yet to make an application, with almost as many applications rejected due to errors.
The impact of rejection or failure to apply to secure the right to remain in the UK will not only be felt by the individuals concerned whose lives may be completely turned upside down but also will have a substantial bearing on the UK economy, the hospitality sector in particular.
The Home Office is currently battling to cope with the number of last minute or late applications and will now face a raft of appeals against rejection under the Immigration (Citizen’s Rights Appeals) (EU Exit) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/61/contents/made, Depending on when you applied and what your actual status was at the time of application there are a range of appeal options available to EEA nationals that have received notice of rejection of their application or have not yet submitted an application.
Some applicants have been rejected in error and an appeal should overturn the decision in such circumstances. However, whether you are appealing a decision or making a late application with a justifiable reason, you will have a far greater chance of success if you are guided by an expert immigration lawyer.
Fernanda Stefani, a consultant advocate, commented “the length and complexity of the documentation required to apply for settled status has been an obstacle for many EEA nationals attempted to regularise their status in the UK, many of whom decided to make their life in the UK a considerable years ago” she further remarked “the Home Office has indicated that a late applications with a justifiable reason will be looked on favourably but for many older people who came to the UK in their youth, whilst they have more than sufficient understanding of English for day-to-day life, lengthy bureaucratic forms are extremely challenging. Legal assistance may be required to ensure that the application is accepted.”
The expert immigration lawyers in Giambrone’s immigration team have years of experience in connection with a wide range of immigration issues and can assist with an appeal or with submitting a fresh application. An individual in the UK has 14 days to appeal.
Our lawyers will meticulously review all the supporting documents to be sure that they are appropriate for your application and accurate. In the absence of rejection due to a security issue an appeal will be heard in the First-tier Tribunal (Immigration and Asylum Chamber). A lawyer may apply online which will speed up the process. A relatively recent Freedom of Information request suggested that up to approximately 90% of appeals regarding immigration status were accepted.
The establishment of settled status for EEA nationals is extremely important as without it the right to live, work, be educated and receive medical assistance is compromised.