EU Settlement Scheme & Pending Prosecutions

On 04 March 2021, the Secretary of State's policy document EU Settlement Scheme: Suitability Requirements was updated (Version 5.0). This guidance document is used by UKVI decision makers to assess whether applicants meet the suitability requirements for either Settled or Pre-Settled Status under Appendix EU of the Immigration Rules. Details of the full suitability requirements can be found here.

The changes to the policy document clarify how decision makers are to approach applications where applicants have 'pending prosecutions'. An applicant with a pending prosecution will: 

1. Either have been arrested or summoned in respect of one or more criminal offences and one or more of these offences has not been disposed of either by the police or the courts;