Are there consequences of an EUSS rejection?

[Jajko007]

If someone gets rejected for an EUSS application, are there consequences to consider? Assuming the reason for rejection is not because of deception, it is instead for example eligibility.

For example will it be more difficult to get settled status or ILR, or future visa applications take longer? Has anyone experienced this?

[kamoe]

Why are you asking this? In your other post it does not seem like your problem is rejection potential, but rather not qualifying directly for Settled Status.

Nothing in the caseworker guidance, at least for EUSS, suggests that a repeat applicant should be considered any differently from a first-time applicant.

[Jajko007]

I received a rejection due to a case worker error saying I do not have a family permit - I am now unsure if I should appeal or go on a visa as appeal takes such a long time

[kamoe]

I received a rejection due to a case worker error saying I do not have a family permit - I am now unsure if I should appeal or go on a visa as appeal takes such a long time

I am sorry to hear. If time is an issue, it is wise to throw all you can at it.

In answering your particular question, there should not be any substantial consequences on applying to another category after failing a previous one, that only means you are following the advise of the Home Office (interpreted as "you don't qualify for this one, try another"), so you would not be at fault there.

After our discussion in your other post, it does seem like their refusal is an error (Family Permits or other relevant documents were once required, but the Appendix EU and the caseworker guidance have changed to reflect this can be waived in certain circumstances, which seem to fit yours), but we sadly know that these types of errors take time to fix. You can of course trigger an administrative review, but if you do apply for an alternative visa, that application will supersede your previous one. Check the timelines for the alternative visas you are considering, however, each case is different, and it will be difficult to predict what will take less time (the admin review or the new visa).

Good luck.

[Jajko007]

Thank you for your advice Kamoe. Yes I think it is an admin error as well, I am leaning towards applying for a visa as there is a priority option (although it is more expensive)

I just wanted to make sure a rejection is not a "black mark" on your record (especially if its not because of deception or anything like that, just that HO says someone is not eligible). Sounds like it should be ok? Thanks anyways

[vinny]

Nothing in the caseworker guidance, at least for EUSS, suggests that a repeat applicant should be considered any differently from a first-time applicant.

EU Settlement Scheme caseworker guidance

Repeat applications

Where a person has already made an in-time application to the EU Settlement Scheme, and this application has been refused, they will not normally be able to make a late application to the scheme based on there being reasonable grounds for their delay in making their application, as they previously met the deadline applicable to them. Consistent with the Citizens’ Rights Agreements, the decision on their in- time application will have considered whether they qualify for status under the EU Settlement Scheme, subject to any application for administrative review or appeal.

They will not normally therefore be able, after the deadline applicable to them, to make a further, successful application to the scheme. However, there may be occasional circumstances in which there may be reasonable grounds for a refused, in-time applicant to make a late, further application to the scheme, such as, for example, where a deficient in-time application was made on their behalf by a third party or there is a good reason why they did not engage with our attempts to contact them following an earlier in-time application to obtain further information or evidence as to their eligibility for status under the scheme. Whether there are such reasonable grounds will depend on the particular circumstances of the case.

However, see also Home Office to redraft EU Settlement Scheme late applications guidance

[kamoe]

Nothing in the caseworker guidance, at least for EUSS, suggests that a repeat applicant should be considered any differently from a first-time applicant.

EU Settlement Scheme caseworker guidance

Where a person has already made an in-time application to the EU Settlement Scheme, and this application has been refused, they will not normally be able to make a late application to the scheme based on there being reasonable grounds for their delay in making their application, as they previously met the deadline applicable to them. Consistent with the Citizens’ Rights Agreements, the decision on their in- time application will have considered whether they qualify for status under the EU Settlement Scheme, subject to any application for administrative review or appeal.

They will not normally therefore be able, after the deadline applicable to them, to make a further, successful application to the scheme. However, there may be occasional circumstances in which there may be reasonable grounds for a refused, in-time applicant to make a late, further application to the scheme, such as, for example, where a deficient in-time application was made on their behalf by a third party or there is a good reason why they did not engage with our attempts to contact them following an earlier in-time application to obtain further information or evidence as to their eligibility for status under the scheme. Whether there are such reasonable grounds will depend on the particular circumstances of the case.

However, see also Home Office to redraft EU Settlement Scheme late applications guidance

But of course. Sorry, I was thinking in terms or basic eligibility rather than being allowed to apply late for a second time. Thanks for the correction.

OP should be good as they are contemplating applying for an alternative route outside of the EUSS.

[kamoe]

I received a rejection due to a case worker error saying I do not have a family permit - I am now unsure if I should appeal or go on a visa as appeal takes such a long time

Also, do report this refusal to the3million, here: https://the3million.org.uk/report-it
It probably won't change your outcome, but these errors need to be accounted for.

[Jajko007]

Hi Kamoe, yes will look into this.

On alternative visa routes, they will ask "have you ever been refused remain to leave"?

[kamoe]

On alternative visa routes, they will ask "have you ever been refused remain to leave"?

I think so yes. Answer truthfully and it should be fine.