Four in five EU Settlement Scheme administrative reviews waiting more than two years for a decision

In a recent freedom of information request, the S.A.F.E project asked the Home Office for information on how long EU Settlement Scheme administrative reviews are taking to decide, in light of the ever increasing published processing time.

The Home Office’s response shows that four in five applications for administrative review have been outstanding for more than two years, with the longest waiting time exceeding four years. Thousands of administrative reviews remain undecided. 

Administrative review data

Until 5 October 2023, applicants could apply for an administrative review of their refused EU Settlement Scheme applications. Unique to the EU Settlement Scheme, this remedy was possible in addition to the right of appeal. The administrative review route for EU Settlement Scheme applicants has now been closed for over two years. 

Administrative review was the most appropriate mechanism to request a review of a refusal where the applicant had been incorrectly refused pre-settled or settled status, or granted pre-settled status instead of settled status, for failing to meet the eligibility requirements. It could also be used where leave had been incorrectly cancelled. In order for the administrative review to be successful, the decision-maker must have failed to apply, or incorrectly applied, the immigration rules or published guidance, or failed to take submitted evidence into consideration. Alternatively, new evidence could be provided as part of the administrative review to show that the applicant was eligible and qualified for a grant of pre-settled or settled status.

The Home Office’s response to the freedom of information request shows that as of 19 September 2025, there were 4,557 undecided administrative review applications pending. Of these, 760 have been outstanding for between 18 months and two years, (548-730 days) and 3,772 applications have been outstanding for over two years (731+ days):

The longest recorded time taken for a decision was over four years (1,480 days). This is despite there being 23 members of staff working on EUSS administrative review applications, as confirmed by the freedom of information response.

Impact of delays

The Home Office keeps increasing the estimated processing times for administrative reviews under the EU Settlement Scheme. The processing times have climbed from 18 months in December 2023 to 24 months in April 2024, and most recently to 30 months or more in February 2025. This is in stark contrast to 2018, when applicants were told they would usually receive a result within 28 days. These ever-extending waiting times leave applicants in limbo, with little accountability from the Home Office.

While a person waits for their administrative review to be decided, in circumstances where they have not yet been granted status under the EU Settlement Scheme, they are reliant on their certificate of application to evidence their right to reside in the United Kingdom. It can be particularly difficult to access the benefits system until status has been granted under the scheme. Those residing on a certificate of application are also unable to sponsor joining family members until they have been granted either pre-settled or settled status.

Equally it is becoming more and more difficult to travel on a certificate of application, especially since the Electronic Travel Authorisation scheme was introduced. The Home Office does not consider that a certificate of application confirms the right to enter the UK so applicants with pending applications run the risk of being refused entry to the UK upon return. Many applicants are therefore compelled to remain in the UK for years on end while their cases are being decided.

Where an administrative review is unsuccessful, a person can still appeal the decision to the First-tier Tribunal. Given that the appeals process will take several months, many individuals will continue to live in limbo. It is essential that the outstanding administrative reviews are now decided as quickly as possible such that individuals can properly evidence their status in the United Kingdom or where necessary, exercise their right of appeal.