- BY CJ McKinney
EU Settlement Scheme appeal rights introduced
THANKS FOR READING
Older content is locked
A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more
TAKE FREE MOVEMENT FURTHER
By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;
- Single login for personal use
- FREE downloads of Free Movement ebooks
- Access to all Free Movement blog content
- Access to all our online training materials
- Access to our busy forums
- Downloadable CPD certificates
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.
SHARE
