On October 5, 2023, the UK government made significant changes to the EU Settlement Scheme (EUSS), particularly in relation to administrative reviews. The new rules mark a shift in how refusals and challenges are handled, impacting many EU nationals living in the UK. This change is part of the wider immigration reforms aimed at tightening the application and review processes for EU nationals who wish to stay in the UK.

What is the EU Settlement Scheme?

• The EU Settlement Scheme was introduced after the UK’s departure from the European Union, offering EU, EEA, and Swiss citizens (and their family members) the right to remain in the UK. Under the scheme, individuals could apply for either pre-settled or settled status depending on the length of their residency in the UK.

Key Changes to the Scheme

• One of the most significant updates introduced in October 2023 is the removal of the right to administrative review for EU Settlement Scheme refusals. Previously, if an applicant was refused settled status, they had the option to request an administrative review. This allowed individuals to challenge the decision without resorting to a lengthy appeal process.

Under the new rules:

• Administrative review is no longer available for any EUSS-related refusals or decisions.
• The only recourse for applicants facing a refusal is to appeal the decision directly.
• This change is applicable to all decisions made after October 5, 2023, and represents a major shift in how the Home Office handles refusals under the scheme.

Why Was Administrative Review Removed?

• The decision to remove administrative review is part of the UK government’s broader goal to streamline the immigration process. By eliminating this extra step, the Home Office aims to speed up the decision-making process and reduce the number of cases that go through administrative reviews, which were often time-consuming.
• Additionally, the removal of administrative review aligns with the UK’s focus on tightening immigration rules, ensuring that only those who meet the strict eligibility requirements are granted settled or pre-settled status.

What This Means for EU Nationals

• For EU nationals in the UK, this change could have significant consequences. If an individual’s application for settled or pre-settled status is refused, their only option will be to appeal the decision through the immigration tribunal, which can be a more complex and time-consuming process.
• It is more important than ever for EU nationals to ensure that their applications are complete, accurate, and supported by sufficient evidence. The removal of administrative review means that applicants will have fewer opportunities to correct mistakes or provide additional documentation after a refusal.

How to Appeal a Refusal

• If an individual’s application for EUSS is refused, they can still appeal the decision. The appeal process involves submitting evidence to the immigration tribunal to prove that the Home Office’s decision was incorrect. While appeals are a legitimate way to challenge a refusal, they can take longer and may require legal representation.

Applicants should ensure that they:

• Have comprehensive evidence to support their claims of residency in the UK.
• Carefully review all correspondence from the Home Office to understand the reasons for the refusal.
• Consider seeking legal advice if they wish to appeal the decision.

Impact on Pre-Settled Status Holders

• For those who currently hold pre-settled status, the removal of administrative review may also impact future applications for settled status. If an individual is refused settled status in the future, they will not have the option of administrative review and will need to go through the appeal process instead.
• This change places additional pressure on pre-settled status holders to ensure they meet all the requirements for settled status when they apply, as mistakes or incomplete applications could result in lengthy appeal proceedings.

Conclusion

• The removal of administrative review from the EU Settlement Scheme is a significant change that will impact many EU nationals living in the UK. With this option no longer available, applicants must be extra vigilant when submitting their applications to avoid refusals. Those who face refusals will need to rely on the appeals process, which can be more time-consuming and complex. As the UK continues to tighten its immigration rules, it is crucial for individuals to stay informed and prepared.