How to Appeal an EU Settlement Scheme Decision in the UK

If your EU Settlement Scheme (EUSS) application has been refused, you’re not alone. Many EU, EEA and Swiss nationals have faced confusion and stress after receiving unexpected decisions from the Home Office. The good news? You may still have the right to appeal.

This guide explains how to appeal an EU Settlement Scheme refusal, how long you have, what steps to follow, and how to improve your chances with support from immigration solicitors in Manchester.

What Is the EU Settlement Scheme Appeal Process?

If you receive a refusal or are granted pre-settled status when you believe you’re entitled to settled status, you may have the right to appeal.

The EU Settlement Scheme appeal process allows you to challenge the Home Office’s decision through the First-tier Tribunal (Immigration and Asylum Chamber). Alternatively, you might be offered an administrative review if the decision relates to a factual or caseworking error.

Who Can Appeal a Refusal?

You may appeal if:

• Your application for settled or pre-settled status has been refused
• You were issued pre-settled status instead of settled status
• Your EUSS family permit was denied

Common Reasons for Refusal

• Lack of proof of continuous residence
• Incomplete or missing evidence
• Incorrect identity or relationship documents
• Criminal convictions affecting eligibility
• Mistakes in application forms

Even small administrative errors can lead to refusal, which is why it’s essential to read your decision letter carefully.

Appeal vs Administrative Review

Appeal: You can provide new evidence, attend a hearing, and have a judge review the case.

Administrative Review: You cannot submit new evidence. This is only used if you believe the UKVI made a factual error.

How to Start Your EU Settlement Scheme Appeal

Step 1 – Understand Your Decision Letter

The decision letter from the Home Office tells you:

• Why your application was refused
• Whether you can appeal or request an administrative review
• The deadline to act (usually 14 days if you’re in the UK, 28 days if abroad)

Missing this deadline can mean losing your right to appeal.

Step 2 – Complete the IAFT-5 Appeal Form

To begin your appeal, you’ll need to fill out the IAFT-5 form. This form asks for:

• Your personal details
• Information about the decision you’re appealing
• Your grounds for appeal
• Whether you want an oral hearing or paper review

Make sure all sections are completed carefully. Mistakes can delay or harm your case.

Step 3 – Submit Evidence and Pay the Tribunal Fee

Alongside the form, you must pay a fee:

• £80 Paper based appeal
• £140 Oral hearing

Attach any supporting documents, such as:

• Payslips or bank statements proving residence
• Tenancy agreements
• Letters from employers, schools, or landlords
• Proof of relationship if applying as a family member

Keep a record of your submission and any receipts.

Preparing for the Appeal Hearing

Can You Provide New Evidence?

Yes. Unlike administrative reviews, tribunal appeals allow fresh evidence to be introduced. This is your chance to present anything you may have missed earlier.

What to Expect at the Tribunal

If you’ve chosen an oral hearing:

• You’ll present your case in person or via video link
• A judge will ask questions and listen to both you and the Home Office’s representative
• The hearing usually lasts around 1-2 hours
• A decision is rarely given on the day and typically arrives by post

Should You Hire an Immigration Solicitor?

While legal help isn’t mandatory, it can significantly improve your outcome. A solicitor can:

• Explain your options clearly
• Help complete forms correctly
• Prepare your evidence bundle
• Represent you at the tribunal
• Spot errors in the Home Office’s decision

If you’re in the North West, Solicitors in Manchester offer tailored immigration appeal support for local residents. You can book a consultation here or call 0161 464 4140.

What Happens After the Tribunal Decision?

If Your Appeal Is Successful

The tribunal may allow your appeal, which means the refusal is overturned. The Home Office must then:

• Grant you settled or pre-settled status as appropriate
• Update your status on the UKVI system

However, keep in mind that tribunal fees are usually not refunded, even if you win.

If Your Appeal Is Dismissed – Next Steps

You may still have options:

• Reapply under the EUSS if your circumstances have changed
• Apply to the Upper Tribunal if you believe the judge made a legal mistake
• Request a Judicial Review – a more complex route, often requiring a solicitor

A dismissal doesn’t always mean the end of the road. Speak with immigration solicitors in Manchester to explore your next steps.

Real Life Example: EU Settlement Scheme Appeal Success

Antonio’s Case – From Refusal to Approval

Background: Antonio, a Portuguese national, had lived in the UK since 2014. Despite working and renting throughout, he was refused settled status due to gaps in his documentation.

What Went Wrong: His bank statements were irregular, and tenancy agreements lacked full dates.

What Helped: With help from our immigration solicitor in Manchester, Antonio prepared a stronger case with better evidence, including letters from employers and landlords.

Outcome: His appeal was allowed by the tribunal. He was granted settled status and now enjoys full access to public services, including the NHS.

Frequently Asked Questions About EUSS Appeals

How long does the appeal process take?

It varies, but most applicants receive a decision within 6 to 12 months after submitting their IAFT-5 form. Complex cases may take longer.

What if I miss the appeal deadline?

You may still appeal if you have a good reason, such as illness or postal delays. You’ll need to explain this in your form, but it’s not guaranteed to be accepted.

Can I stay in the UK while my appeal is in progress?

Yes. If you submitted your application before your previous status expired, you have the right to remain while the appeal is ongoing.

What’s the difference between settled and pre-settled status?

• Pre-settled status is temporary (5 years)
• Settled status is permanent and may lead to ILR and eventual citizenship
• Both allow access to work, rent, study, and the NHS

Is it worth appealing or should I just reapply?

It depends on your case. If your documents were incomplete, a reapplication may be simpler. If the Home Office made a legal or factual error, an appeal could be more effective.

Speak to Immigration Solicitors in Manchester

Appealing an EU Settlement Scheme decision isn’t easy especially if English isn’t your first language or you’re unsure what went wrong.

At Solicitors in Manchester, we assist individuals and families with all aspects of UK immigration law, from EUSS appeals to UK Visas & Immigration Services.

Our legal team can:

• Review your refusal letter
• Prepare your appeal bundle
• Represent you at the tribunal
• Guide you on timelines and deadlines
• Support you if you need to reapply

Call 0161 464 4140 today or book a consultation online for professional, local support you can rely on.