Immigration: EU Nationals

(asked on 24th June 2021) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether applications to the EU Settlement Scheme are deferred where the resolution of pending criminal proceedings against the applicant would not meet the grounds for refusal relating to suitability considerations.


Answered by
Kevin Foster Portrait
Kevin Foster
This question was answered on 2nd July 2021

Decisions on EU Settlement Scheme (EUSS) applications where the applicant is subject to pending criminal proceedings are deferred where those proceedings could lead to a conviction and subsequent refusal on suitability grounds; and where the application does not otherwise meet the criteria for referral to Immigration Enforcement in respect of any other conviction.

We have recently revised the EUSS suitability guidance to allow an EUSS application which has been paused for at least six months, to be progressed where all of the following conditions are met:

  • there is only one pending prosecution;
  • the maximum potential sentence upon conviction is less than 12 months, according to the maximum category 1 sentence in line with the Sentencing Council guidelines for the alleged offence; and
  • there are no previous convictions.
Reticulating Splines