Immigration: EU Nationals

Home Office written question – answered on 15th July 2021.

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Photo of Diana R. Johnson Diana R. Johnson Labour, Kingston upon Hull North

To ask the Secretary of State for the Home Department, pursuant to the Answer of 12 July 2021 to Question 28133 on Immigration: EU Nationals, and with reference to page 31-33 of her Department's guidance entitled EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members, published on 21 May 2021, if she will publish a list of examples of what would not be deemed by her Department to be reasonable grounds for a child or young person who had been in the care of a local authority missing the deadline to apply to the EU Settlement Scheme applicable to them under the EU Settlement Scheme; and what effect not having those reasonable grounds would have on the right to reside of those children or young people.

Photo of Kevin Foster Kevin Foster The Parliamentary Under-Secretary of State for the Home Department

In line with the Citizens’ Rights Agreements, there remains scope, indefinitely, for a person eligible for status under the EU Settlement Scheme (EUSS) to make a late application to the scheme where there are reasonable grounds for their failure to meet the deadline applicable to them.

We would consider it reasonable grounds for a late application to be made where a local authority failed in its duty to apply to the EU Settlement Scheme on behalf of a child in its care or where a parent or guardian failed to make an application on behalf of someone aged under 18 on deadline day.

The guidance published on 1 April is not exhaustive and we will take a pragmatic and flexible approach to cases in light of the particular circumstances of each application.

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