Uncertain future for EU citizens with non-settled status in UK - Ilda de Sousa quoted in The Times and Personnel Today

1 July 2021

Ilda de Sousa, Partner in our Immigration team has been quoted in The Times and in Personnel Today discussing the uncertain future for EU citizens with non-settled status in UK. The deadline for applications ended on 30 June 2021 at midnight.


Regarding the applications for settled or pre-settled status, Ilda said:

there is an important legal distinction between applications which are refused and those rejected as invalid. Refused applicants have a right of appeal, whereas applications rejected as invalid have no right of appeal.”

Ilda added:

EU and EEA nationals who have applications rejected as invalid after the deadline will be in difficulty.”

We hope the Home Office will be pragmatic, reasonable and understanding when processing applications from vulnerable applicants especially."

However, our concern is that the guidance is not entirely clear on what will be deemed to be a valid reason for a late application and how long the so-called flexible approach will last; a cut-off point should be expected relatively soon.”

She said the employment concession where staff can remain at work while their late application is being processed was “important leeway”, but asked how many employers were aware of it. “Undoubtedly some employees may be terminated unnecessarily in the weeks ahead,” she said.

The articles were first published in The Times and in Personnel Today. A subscription is required for The Times to read the full article.


If you have any questions or concerns about the content covered in this blog, please contact Ilda de Sousa or a member of the Immigration team.



Ilda is a partner in the immigration team at Kingsley Napley. She is a South African qualified attorney and a British qualified solicitor who joined the firm in January 2010.

Ilda has more than ten years of UK corporate immigration law experience, managing large company clients as well as handling complex matters for individuals, British nationality applications, appeals, judicial reviews and applications under European Law including Brexit related advice.


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