Pending and refused applications
Even if you did not receive a decision on your EUSS application, as long as you have made a valid application, you still still have rights.
Applicants have the right to work, rent, study and, in some cases, claim benefits. The main thing that is different for people whose EUSS application is pending, is the process for proving these rights.
It is illegal to knowingly work in the UK without permission, and working on the black market puts you at risk of exploitation. Please seek help. Our advice is free and confidential.
To access your rights, you must show that your EUSS application is valid. Your EUSS application is valid if the following conditions apply:
- you submitted it using the required application process
- typically, you will have been required to provide proof of identity and nationality if applying from inside the UK
- you provided the required biometrics and proof of entitlement if applying from outside the UK (for EU citizens this is normally a valid passport or biometric national identity card, whereas for non-EEA citizens this is normally a valid biometric residence card issued under EU law or the EUSS)
- if you applied late to the scheme, you have shown that you had reasonable grounds to do so
- if you are seeking to apply as a joining family member on or after 9 August 2023, you are not an illegal entrant
If you have made a valid application under the EUSS, the Home Office should issue you with a Certificate of Application. This is usually a digital document but on some occasions comes in paper form. This document does not confirm that you have an immigration status in the UK, but confirms that you can live and work in the UK until you receive a decision on your application.
Proving your right to work and rent
In general, you should be able to use your Certificate of Application (COA) to generate a share code. Your employer can use this to check your right to work via the government's view and prove service.
If you are not able to generate a share code, your employer can check your right to work by accessing the government’s Employer Checking Service. They will need your personal details and a Home Office Reference number - which can be found on your Certificate of Application (COA), email, or any letter you received from the Home Office confirming that your application has been made.
The same applies to landlords, who can use the Landlord Checking Service. You should have received your COA a few days after you applied. If not, call the EU Settlement Resolution Centre, and ask your employer to be patient. The Home Office is processing a huge backlog of applications.
Please note that while work is permitted with a pending valid application, this will likely be subjected to repeated checks by the employer.
Traveling to and from the UK
If you have a pending application or an appeal, it is recommended that you avoid travelling outside of the UK until you receive an outcome.
If you need to travel outside of the UK while you are waiting for a decision, seek advice from a qualified immigration adviser. Further information can be found on the government website.
Accessing benefits
If your EUSS application is pending, accessing benefits can be complicated.
You may be eligible to claim benefits if you can show that:
- you were living in the UK before the 31st of December 2020 when EU freedom of movement ended;
- you were working or exercising another right to reside at the time;
- you have a right to reside now.
We encourage you to seek advice from a specialist benefits adviser. You may still be eligible to claim. But you may need some help in proving it.
If you provided false information
If you made an application to the EUSS which does not meet the eligibility criteria, your application is likely to be refused by the Home Office. Without a valid immigration status you will not have permission to live and work in the UK, you will be at risk of exploitation, and you risk being removed from the country. If you are in this situation, you should immediately seek legal advice from a qualified immigration adviser.
If false information, representations or documents were submitted as part of your application, by yourself or another person, this may have an impact on any future UK immigration applications you make as well as future attempts to travel to the UK. For example, if your application stated that you are an EU citizen who resided in the UK on or before 31 December 2020, when in fact you did not, that can carry very serious consequences.
If your EUSS application has not been decided yet and contains false information, representations or documents, you should immediately seek legal advice.
If you think the refusal was a mistake, get immigration advice immediately. A qualified immigration adviser can help you appeal or seek an administrative review of the Home Office decision, and protect your rights while the decision is being challenged. If your EUSS application is refused and you do not appeal or seek an administrative review of this decision within the prescribed timeframes, you will no longer have permission to live or work in the UK.
If an employer knows your EUSS application was refused, and that you did not meet the eligibility requirements, they may use this as leverage and evade paying you. Unless you made a valid and well-founded application under the EUSS, you risk being exploited at work.
Get help from our immigration advice team
We specialise in supporting people with ‘complex’ cases, where they have faced multiple barriers to securing their status under the EUSS scheme. This includes people applying late to the EU Settlement Scheme, securing family permits for family members, facing refusals and potential appeals. We aim to address the shortage of legal support in the EUSS advice sector for complex work. Contact our team.
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