EU nationals who missed the deadline can still make an application under the EU Settlement Scheme, but they have to explain the reasons for making a late application. The reasonable grounds for failing to meet the deadline are listed in the EUSS caseworker’s guidance (pages 27- 44).
The impact of late applications on access to different services:
Right to work
Those who have started their employment before the deadline but did not applied on time can remain in employment if they apply within 28 days following the check. Those looking for work are not eligible while waiting for a decision. They only become eligible from the date status is granted. The key changes to the right to work checks of EU nationals change from 1 July.
Right to rent
The Home Office’s guidance for landlords allows them to keep the tenants who missed the deadline, but the individuals identified have to make an application within the 28 days to keep their tenancies. Those looking for a new place are not eligible to rent while waiting for a decision, they only become eligible from the date status is granted. A toolkit and factsheet for landlords explain what documents they can accept.
Enforcement actions
Immigration enforcement officials are being advised to issue 28 days notices to those who failed to apply before any further actions are taken.
Access to NHS
A confirmation of a valid application will be sufficient for an individual to be exempt from being charged for NHS treatment, whether an application was made in time or was late. A briefing by Doctors of the World explains the access to the NHS for different groups of EU nationals.
Access to higher education
The Department for Education confirmed that any period of unlawful residence resulting from late EUSS applications will be disregarded for the purpose of three-years residency required to meet eligibility criteria for student finance.
Access to benefits
While EU nationals who miss the deadline will not be eligible for social assistance, the immigration minister made commitments to those who are already in receipt of benefits that they will not have their payments stopped without being given an opportunity to apply late.
