Briefing

Racial Justice & Migrants’ Rights

September 26, 2024

EU Settlement Scheme delays - Pending Prosecutions

On 26 September 2024, the Pending Prosecutions policy was quashed following lengthy litigation by Lukasz Krzysztofik, one of PILC's long standing client. This has retrospective effect and any decision to pause an application under the policy will no longer have any lawful effect.

Read our legal briefing below to understand the judgement and what you can do to unlock your application if it has been paused.

The Home Office has now published a new policy, which no longer directs caseworkers to pause applications where there is a pending prosecution. Instead, applications should be progressed, considered substantively and granted if the eligibility criteria are met.