Updated Guidance on Late EU Settlement Scheme Applications by Swiss Nationals

On 16 January 2024, the UK Home Office updated its guidance on what constitutes reasonable grounds for making a late application to the EU Settlement Scheme. This post focuses on the updated rules for Swiss citizens who may not have realised they needed to apply to the EU Settlement Scheme and are now applying late. This particularly affects those who were unaware that their residence document issued under EEA regulations is no longer valid.

Deadlines for EU Settlement Scheme Applications and Making a Late Application

The initial deadline for most applications to the EU Settlement Scheme was 30 June 2021. However, different deadlines apply in certain circumstances. For instance, family members of EEA citizens who arrived in the UK on an EU Settlement Scheme Family Permit after 1 April 2021 must apply within three months of their arrival or before their permit expires.

Under the Withdrawal Agreement between the UK and the EU, if a Swiss national has reasonable grounds for missing the initial deadline, the Home Office is required to give them additional time to apply. However, since 9 August 2023, the Home Office has taken a stricter approach to late applications. The guidance now states that the more time that has passed since the original deadline, the harder it will be for a Swiss citizen to justify their delay.

Late Application Based on Lack of Awareness of the Need to Apply

The updated Home Office guidance states that being unaware of the need to apply to the EU Settlement Scheme by the deadline will generally no longer be considered a reasonable ground for delay. However, the guidance recognises certain circumstances where a Swiss national might reasonably believe they did not need to apply earlier.

1. Swiss Citizens with a Residence Document Issued Under EEA Regulations

Swiss nationals holding a UK permanent residence document issued under EEA regulations may not have realised that these documents are no longer valid. The guidance notes that having such a document might lead someone to reasonably believe that they did not need to apply to the EU Settlement Scheme. If this applies to you as a Swiss citizen, you should explain and provide evidence of this in your application.

2. Swiss Nationals with Long Continuous UK Residence

If you are a Swiss citizen with long continuous residence in the UK, as evidenced by tax or benefits records, this could also demonstrate reasonable grounds for delay in applying to the EU Settlement Scheme.

3. Swiss Passport Holders with a Compliant Positive Immigration History

The guidance indicates that Swiss nationals who have a compliant positive immigration history are more likely to be considered as having reasonable grounds for believing they did not need to apply earlier.

4. Incorrect Advice from an Employer or Landlord

If you are a Swiss national who was wrongly advised by an employer or landlord that you retained the right to work or rent in the UK, this could serve as evidence of reasonable grounds for your delay.

5. Swiss Citizens Who Have Travelled In and Out of the UK Since 30 June 2021

If you have travelled in and out of the UK since the 30 June 2021 deadline without being informed about the need to apply to the EU Settlement Scheme, this could suggest that you had a reasonable belief that no application was necessary. Evidence of your travel, such as passport stamps and travel bookings, should be provided in your application.

Assessment of These Factors

The Home Office will assess your case based on whether one or more of these factors apply. However, once you become aware of the need to apply, you must do so without further delay. It is crucial for Swiss citizens to submit their application to the EU Settlement Scheme as soon as possible to avoid complications.

Contact Our Immigration Lawyers in Switzerland

If you are a Swiss citizen, Swiss national, or Swiss passport holder who needs to make a late application to the EU Settlement Scheme, it is essential to seek legal advice. Properly evidencing your application is vital, as the Home Office has indicated it will adopt a restrictive approach to repeat applications.

For expert advice on UK visa applications or immigration appeals, contact our immigration lawyers in Switzerland on +41 21 588 07 70 or complete and submit our contact form.