FAQ

I saw that the IMA won a court case against the Home Office which says the EU Settlement Scheme is unlawful. I was refused (pre-)settled status - does this court case mean I can now re-apply and get it?

In some circumstances this may be possible, for example if you have pre-settled status and were refused because you applied too soon to upgrade to settled status, before you had sufficient continuous residence. The fact you can do this is not related to the court case however.

The judgement is about people who have pre-settled status, and whose status expires. It is not about those who are refused pre-settled status and so unfortunately the judgement does not benefit those who have been refused by the Home Office. 

If you have been refused and are looking to challenge the decision you will need to submit an appeal or potentially make a new application (though please see this important FAQ on late applications). If you think you were unjustly refused status under the EU Settlement Scheme,  we strongly recommend you seek immigration advice - see https://www.the3million.org.uk/useful-links for organisations who can give legal advice.

We have created a Q&A document, with a detailed list of questions that will hopefully answer questions you may have. The document is available here.

For more details on the case, see our FAQ ‘I saw that the IMA won a court case against the Home Office about pre-settled status holders. What are the consequences of this case?’