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EU Settlement Scheme appeal rights introduced

EU Settlement Scheme appeal rights introduced

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (SI 2020 No. 61) come into force on Brexit day — tomorrow, 31 January. They create a right of appeal to the immigration tribunal for people refused pre-settled or settled status under the EU Settlement Scheme. As the accompanying explanatory note puts it:

This instrument provides that, where a person makes a valid application for leave under the EUSS, or for an EUSS family or travel permit, on or after exit day, they will have a right of appeal against a decision to:

  • refuse the application;
  • in the case of an application under the EUSS, grant limited leave to enter or remain (pre-settled status under the scheme) where they believe they should have been granted indefinite leave to enter or remain (settled status under the scheme).

Note that this only applies to applications “on or after exit day”, but does allow people to appeal a grant of pre-settled status up to full settled status.

There are also appeal rights for various scenarios where settled status is being cancelled or revoked. Appeals go to the First-tier Tribunal, unless certified as a national security issue for the Special Immigration Appeals Commission. See this short thread by the Immigration Law Practitioners’ Association for further observations.

CJ McKinney is Free Movement's editor. He's here to make sure that the website is on top of everything that happens in the world of immigration law, whether by writing articles, commissioning them out or considering pitches. CJ is an adviser on legal and policy matters to the Migration Observatory at Oxford University, and keeps up with the wider legal world as a contributor to Legal Cheek. Twitter: @mckinneytweets.

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