If an application is refused on the grounds that it is invalid, i.e. the application is late and the Home Office do not accept that there are reasonable grounds for its lateness, the only remedy is to apply for judicial review.

Before 9 August 2023, it was possible to apply to the Home Office for an ‘administrative review’ of a refusal decision. This is no longer possible.

The only remedy for an invalid application is judicial review.

An application for judicial review should be made as soon as possible, and no later than three months after the date on the decision letter.

If an application is refused on grounds of eligibility, e.g. the application is refused because the evidence of residence is not accepted, then you may appeal the decision to the First Tier Tribunal. 

• An appeal to the First Tier Tribunal must be based on specified grounds and within a certain time limit.
  • If you are in the UK you will have 14 days from the date the decision is sent to you.
  • If you are outside the UK you will have 28 days to appeal.
• An appeal is a lengthy and complex process for which you are likely to require legal advice.
• Your rights are protected pending determination of your appeal. 
• You will be able to generate a share code to pass to others, for example employers, by visiting the View and prove your immigration status webpage.

Subject to satisfying the decision maker that there are reasonable grounds for lateness, you can make another application under the EU Settlement Scheme. Your rights are protected from the moment you submit your application until you receive a decision. You will be able to generate a share code to pass to others, for example employers, by visiting the View and prove your immigration status webpage.