Even after Brexit, EU and non-EU EEA nationals can achieve settled status in the UK. With a settled status, you can
- Work and study in the UK for as long as you want
- Travel in and out of the UK
- Access public funds and
- Use the NHS for free
Has your application for a settled or pre-settled status in the UK been rejected? Find out how you can reverse the decision.
The simplest thing you can do is submit a fresh application with further information or evidence to support your case. A new application can be submitted for free, as many times as you want.
However, if you do not want to submit a new application, you have three options to consider.
- Appeal the decision
According to the “Immigration (Citizens Right Appeals) (EU exit) Regulations 2020”, if the application was made on or after the exit day, you have the right to appeal if you are refused or are given pre-settled status even though you qualify for settled status.
The appeal must be lodged to the Immigration Tribunal within 14 days (of receiving the decision mail) if you are inside the UK or within 28 days if you are abroad.
If you plan to appeal the decision, have a solicitor look at your case.
The solicitor will
- Assess the reason for refusal
- Examine the documents and evidence to see if additional evidence can be produced
- Draft grounds of appeal to the tribunal
- Complete the appeal form
- Compile the appeal bundle with every document necessary
If all the groundwork for an appeal is done well, the decision can be reversed quickly.
- Ask for an Administrative Review
The administrative review is an internal mechanism where the Home Office itself will review the immigration application. A new person will look at the application and check if the original decision maker made any errors.
You can apply for such a review if your application was refused on eligibility grounds or you were given pre-settled status even though you qualify for settled status.
To apply for an administrative review, you must complete the Administrative Review Application Form. Each person, even a child, needs a separate form. The application fee is £80 per person. However, if the decision is reversed, the fee is refunded. The application must be submitted within 28 days of receiving the decision.
When you ask for an administrative review, you can submit new information and evidence that will support your case
According to a recent study, nearly 90% of the decisions sent for administrative review have been reversed.
- Ask for a Judicial Review
A judicial review is done, not by the Home Office, but by an independent judge. It is possible only if the first two options mentioned above are exhausted or unavailable. Basically, a judicial review is the last resort.
Note, though, that it is not a review of the decision. Rather, the judge reviews the procedure leading to the decision to see if it was legally correct.
A judicial review is a complicated process that takes a lot of time. The case must have solid grounds and you cannot produce new evidence which was not put in front of the original decision maker.
In view of the complexity of a judicial review, many prefer to submit a fresh application.
How Aristone Solicitors can help you
We can represent you for the appeal and the administrative review. To make sure that you have strong case, we will
- Openly discuss with you the reason for the refusal as well as grounds on which you can appeal
- Gather more evidence and information
We can also help you complete the forms, submit applications on your behalf, follow up regularly and keep you in the loop through the entire process.
