Help – I missed the EUSS Deadline!

The following is quoted directly from the Law Centre NI. We thought it would be useful to share.

The 30th June was the deadline for applications to the EU Settlement Scheme. An estimated 150,000 people across UK might not have applied for all sorts of reasons. Here is some info about what happens next.

Late applications

The Home Office has confirmed that late applications can be considered if the applicant can show ‘reasonable grounds’ for why it was late. The Home Office has committed to be flexible and to give late applicants the benefit of the doubt. Reasons for late applications can include:

  1. Children, whose parents didn’t apply for them, including children in care / care leavers
  2. People who have physical or mental capacity and/or care or support needs;
  3. People who have serious medical conditions or significant medical treatment
  4. Victims of modern slavery or human trafficking
  5. Victims of domestic violence or abusive /controlling relationships
  6. People who have been in prison
  7. Other ‘compelling practical or compassionate reasons’ including because the person had no internet access, had limited computer literacy or limited English language skills, etc.

People should still be encouraged to apply for EUSS as soon as possible. If needed, they can get advice and assistance to apply from the following:

EU Settlement Scheme | Advice NI

Stronger Together EUSS Support Project – Stronger Together Northern Ireland Community Network Development Working Together Culturally Diverse Multicultural Black Minority Ethnic Community Organisation Regional Community Network BME Training, BME Research, BME Events, BME Professional Development, BME Support Network (strongertogetherni.org)

Right to work

As of 1st July 2021 (the day after the deadline passed) EEA nationals who haven’t secured their status through EUSS /citizenship, may have lost their right to work. However, the Home Office instructed employers to offer employees/workers the opportunity to apply to EUSS i.e. rather than be dismissed.  Again, the message is to encourage EEA nationals in this position to apply to  EUSS as soon as possible. If anyone is dismissed due to EUSS, a Law Centre employment adviser may be able to help: 028 9024 4401.

Enforcement notices

If Immigration Enforcement identifies an EEA national who has not registered through EUSS, it will issue a written enforcement notice which requires the person to apply to EUSS within 28 days. People should be encouraged to do this as quickly as possible, as it is not known how long the Home Office will apply this flexible approach.

Proving eligibility to receive services

EEA nationals may have to demonstrate their eligibility to receive services such as benefits, housing, employment, etc. To do this, a person needs to log on to this Home Office website. The person will need to confirm some identity details (such as date of birth and passport number). This will generate a ‘one time’ six-digit access code which will be sent to the person’s phone or email. This allows the person to log into their online profile, view their pre-settled or settled status and request a ‘share code’, which can then be shared with employers, landlords, etc. to prove their eligibility. This process needs to be repeated every time the person needs to demonstrate their eligibility for a particular service.

Access to benefits for pre settled status

Finally, the Law Centre is involved in a major case challenging the refusal of social security benefits to a woman who has pre settled status. The case is being heard by the European Court of Justice and judgement is expected soon. If successful, this case could open the door to means tested benefits to EEA nationals with pre settled status who are unable to work e.g. care givers, etc. You can read about the case here

In the meantime, if you encounter any problems with access to social security benefits relating to EUSS, please get in touch with the Law Centre: benefitsadvice@lawcentreni.org / 028 9024 4401.