Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

EU Settlement Scheme definition

What does EU Settlement Scheme mean? The EU Settlement Scheme is the UK Home Office process for EU, eea and Swiss citizens and their eligible family members to secure UK immigration status so they can continue living, working and studying in the UK after brexit. It is implemented through the Immigration Rules (Appendix EU and Appendix EU (Family Permit)) and the term is used across immigration, employment, housing and public law practice. Applicants are granted either: - settled status (indefinite leave to remain), or - pre-settled status (limited leave) with a route to settled status. Key features include UK residence by 31 December 2020 for most applicants,...

Remedies for EU Settlement Scheme refusals in the UK: appeals, fresh applications, judicial review, family permits, and the 2023 end of administrative review

Published by a LexisNexis Immigration expert

Practice notes

This Practice Note

This Practice Note describes the range of routes that have existed to challenge an unfavourable decision made under, or linked to, the EU Settlement Scheme, noting they have not all been available throughout the Scheme’s life, nor at the same time. At different stages, the avenues have included:

submitting a new application
Administrative review
appeal
Judicial review

Before the UK’s departure from the EU at 11 pm on 31 January 2020 (‘Exit day’), there was no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against any decision connected with the EU Settlement Scheme. An administrative review mechanism did operate for certain decisions under the Immigration Rules, Appendix EU, and for the cancellation of leave granted under that Appendix, but there was no equivalent for family permit decisions made under the Immigration Rules, Appendix EU (Family Permit). Following the implementation of the UK–EU Withdrawal Agreement via the European Union (Withdrawal Agreement) Act 2020, this position shifted, so rights of appeal have existed against various relevant decisions taken after exit day. In addition, a later amendment has meant...

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Web page updated on 21/05/2026

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