Podcast
Questions and Answers
What is the specified date in relation to the applicant's conduct?
What is the specified date in relation to the applicant's conduct?
Which of these is NOT a ground for refusing an application for leave to enter or remain under Appendix EU based on conduct committed after the specified date?
Which of these is NOT a ground for refusing an application for leave to enter or remain under Appendix EU based on conduct committed after the specified date?
In the context of Appendix EU, what is the effect of an order or decision that has been set aside or revoked?
In the context of Appendix EU, what is the effect of an order or decision that has been set aside or revoked?
Based on the text, what is the primary distinction between the refusal of an application based on conduct committed before the specified date and conduct committed after the specified date?
Based on the text, what is the primary distinction between the refusal of an application based on conduct committed before the specified date and conduct committed after the specified date?
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What is the primary function of Annex 3, mentioned in the text?
What is the primary function of Annex 3, mentioned in the text?
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Under EU16(c) of Appendix EU, what is the equivalent of an ‘EEA decision’ for refusing an application based on public policy, security, or health grounds?
Under EU16(c) of Appendix EU, what is the equivalent of an ‘EEA decision’ for refusing an application based on public policy, security, or health grounds?
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What is the significance of the phrase 'who has indefinite leave to enter or remain or who meets the requirements of paragraph EU11, EU11A or EU12 of Appendix EU to the Immigration Rules'?
What is the significance of the phrase 'who has indefinite leave to enter or remain or who meets the requirements of paragraph EU11, EU11A or EU12 of Appendix EU to the Immigration Rules'?
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Which of the following is NOT a key factor considered when assessing an application under EU16(d), according to the text?
Which of the following is NOT a key factor considered when assessing an application under EU16(d), according to the text?
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What condition must be met for an applicant to be granted indefinite leave to enter the UK?
What condition must be met for an applicant to be granted indefinite leave to enter the UK?
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Which of the following is a requirement for limited leave to remain as a joining family member?
Which of the following is a requirement for limited leave to remain as a joining family member?
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What is one of the requirements for an applicant to be granted five years' limited leave to enter the UK?
What is one of the requirements for an applicant to be granted five years' limited leave to enter the UK?
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Which of the following describes the action needed for an application to be valid?
Which of the following describes the action needed for an application to be valid?
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What can lead to the refusal of an application for indefinite leave?
What can lead to the refusal of an application for indefinite leave?
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Which paragraph outlines eligibility requirements for indefinite leave to remain?
Which paragraph outlines eligibility requirements for indefinite leave to remain?
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What is a potential outcome if the application does not comply with the standards in EU15?
What is a potential outcome if the application does not comply with the standards in EU15?
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What is required for an application for indefinite leave other than being a joining family member?
What is required for an application for indefinite leave other than being a joining family member?
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Which of the following conditions must an applicant meet to be eligible as a family member of a relevant EEA citizen?
Which of the following conditions must an applicant meet to be eligible as a family member of a relevant EEA citizen?
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What is required for a durable partnership to be recognized before the specified date?
What is required for a durable partnership to be recognized before the specified date?
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What is the significance of the date of application concerning the rules for relevant EEA citizens?
What is the significance of the date of application concerning the rules for relevant EEA citizens?
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Which sub-paragraph outlines the criteria for a relevant EEA citizen who is an Irish citizen?
Which sub-paragraph outlines the criteria for a relevant EEA citizen who is an Irish citizen?
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What is required of a relevant sponsor for a family member to attain indefinite leave to enter or remain?
What is required of a relevant sponsor for a family member to attain indefinite leave to enter or remain?
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At what point must the durable partnership criteria have been established?
At what point must the durable partnership criteria have been established?
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Which condition would NOT be a valid eligibility requirement for indefinite leave to remain?
Which condition would NOT be a valid eligibility requirement for indefinite leave to remain?
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Which of the following statements is true regarding the eligibility of joining family members?
Which of the following statements is true regarding the eligibility of joining family members?
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Who qualifies as a family member of a qualifying British citizen according to the outlined eligibility?
Who qualifies as a family member of a qualifying British citizen according to the outlined eligibility?
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Under what condition may an application for limited leave to enter or remain be refused?
Under what condition may an application for limited leave to enter or remain be refused?
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What does it mean if an applicant has completed a continuous qualifying period of less than five years?
What does it mean if an applicant has completed a continuous qualifying period of less than five years?
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Which factor is NOT considered in determining whether the applicant's presence in the UK is conducive to public good?
Which factor is NOT considered in determining whether the applicant's presence in the UK is conducive to public good?
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What should be available to prove the family relationship for an applicant joining as a family member?
What should be available to prove the family relationship for an applicant joining as a family member?
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What might lead to the refusal of an application based on the submission of misleading information?
What might lead to the refusal of an application based on the submission of misleading information?
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If an applicant has a supervening event affecting their sponsor, which application condition is compromised?
If an applicant has a supervening event affecting their sponsor, which application condition is compromised?
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What is a potential reason for an application to be refused if false documents were used?
What is a potential reason for an application to be refused if false documents were used?
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Which circumstance does NOT warrant refusal of an application based on deportation orders?
Which circumstance does NOT warrant refusal of an application based on deportation orders?
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What establishes that an application made under this Appendix will be evaluated on suitability?
What establishes that an application made under this Appendix will be evaluated on suitability?
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What is the minimum duration of leave granted to applicants as joining family members of a relevant sponsor?
What is the minimum duration of leave granted to applicants as joining family members of a relevant sponsor?
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Under which condition can a person granted limited leave apply for indefinite leave to enter or remain?
Under which condition can a person granted limited leave apply for indefinite leave to enter or remain?
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What happens to an application made under this Appendix that does not meet the requirements for either limited or indefinite leave?
What happens to an application made under this Appendix that does not meet the requirements for either limited or indefinite leave?
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What evidence is required for an application made within the UK to be considered valid?
What evidence is required for an application made within the UK to be considered valid?
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If a person’s limited leave has lapsed, what must they provide to resume their residence in the UK?
If a person’s limited leave has lapsed, what must they provide to resume their residence in the UK?
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Which of the following would NOT make an application under this Appendix invalid?
Which of the following would NOT make an application under this Appendix invalid?
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In what scenario may a person with limited leave to enter be granted an extension?
In what scenario may a person with limited leave to enter be granted an extension?
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What is required from an applicant who relies on being a joining family member when applying on or after 9 August 2023?
What is required from an applicant who relies on being a joining family member when applying on or after 9 August 2023?
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What must a valid application include if made from outside the UK?
What must a valid application include if made from outside the UK?
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How does the Secretary of State assess whether a person with limited leave continues to meet eligibility requirements?
How does the Secretary of State assess whether a person with limited leave continues to meet eligibility requirements?
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What consequences follow if a valid application is made before a previous application has been decided?
What consequences follow if a valid application is made before a previous application has been decided?
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What type of leave may individuals with indefinite leave under this Appendix hold?
What type of leave may individuals with indefinite leave under this Appendix hold?
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If a person is granted limited leave under paragraph EU3, what must they also consider?
If a person is granted limited leave under paragraph EU3, what must they also consider?
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Which condition must be satisfied for the applicant to qualify as a joining family member of a relevant sponsor?
Which condition must be satisfied for the applicant to qualify as a joining family member of a relevant sponsor?
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What is the minimum continuous qualifying period required for an applicant since the specified date?
What is the minimum continuous qualifying period required for an applicant since the specified date?
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In the context of a relevant sponsor who has ceased activity, what is required of the applicant at the point the sponsor ceased activity?
In the context of a relevant sponsor who has ceased activity, what is required of the applicant at the point the sponsor ceased activity?
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Under what condition can a relevant sponsor's death allow the applicant to qualify?
Under what condition can a relevant sponsor's death allow the applicant to qualify?
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Which provision applies if the date of application is before 1 July 2021 concerning the eligibility of the relevant sponsor?
Which provision applies if the date of application is before 1 July 2021 concerning the eligibility of the relevant sponsor?
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What must the sponsor fulfill for the applicant, who is a child under 21, to meet the relevant conditions?
What must the sponsor fulfill for the applicant, who is a child under 21, to meet the relevant conditions?
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Which aspect is NOT sufficient for the applicant's qualification as a family member of a qualifying British citizen?
Which aspect is NOT sufficient for the applicant's qualification as a family member of a qualifying British citizen?
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If the death of the relevant sponsor occurred due to an accident at work, what must the applicant demonstrate?
If the death of the relevant sponsor occurred due to an accident at work, what must the applicant demonstrate?
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Which of the following statements regarding the conditions for a child under 21 is accurate?
Which of the following statements regarding the conditions for a child under 21 is accurate?
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What circumstance can disqualify the applicant after their qualifying period?
What circumstance can disqualify the applicant after their qualifying period?
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What defines whether the applicant meets the requirements when the sponsor ceases activity?
What defines whether the applicant meets the requirements when the sponsor ceases activity?
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In which scenario is an applicant automatically disqualified from qualifying as a family member?
In which scenario is an applicant automatically disqualified from qualifying as a family member?
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Which statement regarding the requirements for retaining the right of residence is correct?
Which statement regarding the requirements for retaining the right of residence is correct?
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Which condition must the applicant meet to have retained the right of residence in relation to a qualifying British citizen?
Which condition must the applicant meet to have retained the right of residence in relation to a qualifying British citizen?
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What evidence is required for an applicant claiming indefinite leave to enter or remain under condition 2?
What evidence is required for an applicant claiming indefinite leave to enter or remain under condition 2?
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In which scenario can an applicant maintain lawful residence regardless of their qualifying British citizen status?
In which scenario can an applicant maintain lawful residence regardless of their qualifying British citizen status?
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What is a requirement for a child under the age of 21 to be eligible under condition 4?
What is a requirement for a child under the age of 21 to be eligible under condition 4?
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Under condition 3, how long must the applicant have completed a continuous qualifying period?
Under condition 3, how long must the applicant have completed a continuous qualifying period?
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How can an applicant be considered to have a derivative right to reside?
How can an applicant be considered to have a derivative right to reside?
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What does a 'supervening event' refer to in the context of these residency conditions?
What does a 'supervening event' refer to in the context of these residency conditions?
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Which of these is essential for the applicant under condition 1 regarding eligibility?
Which of these is essential for the applicant under condition 1 regarding eligibility?
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Which document might an applicant provide to demonstrate their right to reside as a family member?
Which document might an applicant provide to demonstrate their right to reside as a family member?
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What is NOT a condition for being categorized under condition 3?
What is NOT a condition for being categorized under condition 3?
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Which group of individuals can qualify under the Zambrano right to reside?
Which group of individuals can qualify under the Zambrano right to reside?
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What age criteria must an applicant meet under condition 4 related to a spouse or civil partner of a qualifying British citizen?
What age criteria must an applicant meet under condition 4 related to a spouse or civil partner of a qualifying British citizen?
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What type of relationship must the spouse or civil partner have had prior to the date of withdrawal to meet the criteria under condition 4?
What type of relationship must the spouse or civil partner have had prior to the date of withdrawal to meet the criteria under condition 4?
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Which category does NOT specify the requirement for the applicant's rights under immigration law?
Which category does NOT specify the requirement for the applicant's rights under immigration law?
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What happens if an applicant does not confirm their preferred application within 14 days?
What happens if an applicant does not confirm their preferred application within 14 days?
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Which of the following is NOT one of the eligibility conditions for indefinite leave to enter or remain?
Which of the following is NOT one of the eligibility conditions for indefinite leave to enter or remain?
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Under which condition can an applicant with a derivative right to reside be eligible for indefinite leave?
Under which condition can an applicant with a derivative right to reside be eligible for indefinite leave?
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What is required for the family member of a relevant EEA citizen whose citizenship application is made after 1 July 2021?
What is required for the family member of a relevant EEA citizen whose citizenship application is made after 1 July 2021?
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Which of the following factors would disqualify an applicant who claims they have a Zambrano right to reside?
Which of the following factors would disqualify an applicant who claims they have a Zambrano right to reside?
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What type of event can terminate the eligibility of an applicant's right to reside?
What type of event can terminate the eligibility of an applicant's right to reside?
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Which condition regarding family members is specifically tied to the death of the relevant EEA citizen?
Which condition regarding family members is specifically tied to the death of the relevant EEA citizen?
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Which of the following statements about a relevant EEA citizen who has ceased activity is false?
Which of the following statements about a relevant EEA citizen who has ceased activity is false?
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Which requirement must family members of a deceased relevant EEA citizen fulfill?
Which requirement must family members of a deceased relevant EEA citizen fulfill?
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In the eligibility conditions for indefinite leave, what is required of an applicant who has retained the right of residence?
In the eligibility conditions for indefinite leave, what is required of an applicant who has retained the right of residence?
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Which of the following best describes a 'supervening event' in the context of these applications?
Which of the following best describes a 'supervening event' in the context of these applications?
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What condition exempts a family member's right to residency if the EEA citizen has ceased activity?
What condition exempts a family member's right to residency if the EEA citizen has ceased activity?
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Which factor does NOT affect the eligibility for indefinite leave of a family member of a relevant EEA citizen?
Which factor does NOT affect the eligibility for indefinite leave of a family member of a relevant EEA citizen?
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What must a relevant EEA citizen provide to prove they have a documented right of residence?
What must a relevant EEA citizen provide to prove they have a documented right of residence?
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Flashcards
Indefinite Leave to Enter/Remain
Indefinite Leave to Enter/Remain
Permission for EEA citizens to stay indefinitely in the UK under certain conditions.
Eligibility Requirements
Eligibility Requirements
Conditions an applicant must meet for indefinite leave applications.
Joining Family Member
Joining Family Member
A family member applying for leave to enter based on a relevant sponsor's status.
Limited Leave to Enter/Remain
Limited Leave to Enter/Remain
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Grounds of Suitability
Grounds of Suitability
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Valid Application
Valid Application
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Five Years' Limited Leave
Five Years' Limited Leave
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Relevant Sponsor
Relevant Sponsor
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EU9 Criteria
EU9 Criteria
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Application Rejection
Application Rejection
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Secretary of State's Role
Secretary of State's Role
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Specified Enforcement Case
Specified Enforcement Case
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Biometrics Requirement
Biometrics Requirement
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Dependency Criteria
Dependency Criteria
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Annex 1 Overview
Annex 1 Overview
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Limited Leave Continuation
Limited Leave Continuation
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Application Processing Order
Application Processing Order
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Return Residency Post-Abence
Return Residency Post-Abence
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Eligibility for Indefinite Leave
Eligibility for Indefinite Leave
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Application Date Importance
Application Date Importance
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Family Member of EEA Citizen
Family Member of EEA Citizen
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Durable Partnership
Durable Partnership
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Specified Date
Specified Date
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Indefinite Leave Grant
Indefinite Leave Grant
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Irish Citizen Requirements
Irish Citizen Requirements
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Eligibility Conditions
Eligibility Conditions
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Application Date Impact
Application Date Impact
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Public Policy Grounds
Public Policy Grounds
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Public Security Grounds
Public Security Grounds
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Public Health Grounds
Public Health Grounds
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Proportionality Principle
Proportionality Principle
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Conduct After Specified Date
Conduct After Specified Date
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Relevant Excluded Person
Relevant Excluded Person
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EEA Regulations Impact
EEA Regulations Impact
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Cancellation and Revocation
Cancellation and Revocation
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Family Member Eligibility
Family Member Eligibility
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Retained Right of Residence
Retained Right of Residence
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Lawful Residence
Lawful Residence
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Limited Leave vs. Indefinite Leave
Limited Leave vs. Indefinite Leave
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Joining Family Member Criteria
Joining Family Member Criteria
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Continuous Qualifying Period
Continuous Qualifying Period
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Supervening Event
Supervening Event
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Application Refusal Grounds
Application Refusal Grounds
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False Information Consequences
False Information Consequences
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Proportionality in Decisions
Proportionality in Decisions
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Applicant
Applicant
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Ceased Activity
Ceased Activity
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Family Member Retaining Right
Family Member Retaining Right
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Naturalised British Citizen
Naturalised British Citizen
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Child Under 21
Child Under 21
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Indefinite Leave to Remain
Indefinite Leave to Remain
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Death of Relevant Sponsor
Death of Relevant Sponsor
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Application Date
Application Date
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Spouse or Civil Partner
Spouse or Civil Partner
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Indefinite Leave Under EU2
Indefinite Leave Under EU2
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Indefinite Leave Under EU2A
Indefinite Leave Under EU2A
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Qualifying British Citizen
Qualifying British Citizen
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Right of Residence
Right of Residence
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Permanent Residence
Permanent Residence
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Indefinite Leave to Enter
Indefinite Leave to Enter
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Family Member Criteria
Family Member Criteria
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Durable Partner
Durable Partner
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Relevant EEA Citizen
Relevant EEA Citizen
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Zambrano Right
Zambrano Right
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Derivative Right to Reside
Derivative Right to Reside
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Condition for Leave
Condition for Leave
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Indefinite Leave and Family
Indefinite Leave and Family
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Evidence of Residence
Evidence of Residence
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Application Process
Application Process
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Documented Right of Permanent Residence
Documented Right of Permanent Residence
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Condition Set
Condition Set
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Death of Relevant EEA Citizen
Death of Relevant EEA Citizen
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Application Confirmation
Application Confirmation
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Eligibility Criteria for Family Members
Eligibility Criteria for Family Members
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Relevant Naturalised British Citizen
Relevant Naturalised British Citizen
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Application Processing Time
Application Processing Time
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Study Notes
EEA Citizen and Family Member Applications
- Immigration rules outline processes for EEA citizens and their families, and family members of qualifying British citizens, to obtain indefinite or limited leave to enter or remain in the UK.
- Applications can be for indefinite or limited leave to enter (outside the UK) or remain (within the UK).
Indefinite Leave Requirements
- General Requirements:
- A valid application, meeting eligibility criteria, and not subject to grounds of refusal.
- For Non-Joining Family Members:
- Meet eligibility requirements in EU11 or EU12.
- For Joining Family Members:
- Meet eligibility requirements in EU11A.
Limited Leave Requirements
- General Requirements:
- A valid application, not meeting indefinite leave requirements but meeting limited leave criteria (EU14 or EU14A), and no suitability refusal.
- For Non-Joining Family Members:
- Do not meet indefinite leave eligibility (EU11 or EU12) but meet limited leave requirements.
- For Joining Family Members:
- Do not meet indefinite leave eligibility (EU11A) but meet limited leave requirements (EU14A).
Limited Leave Extensions and Indefinite Leave
- Limited Leave Conditions:
- Continued eligibility as per original criteria, excluding dependency status.
- Ability for extension by the Secretary of State.
- Option to apply for indefinite leave.
- Indefinite leave granted if the requirements in EU2 or EU2A are met; even without a new application if the requirements are present.
Returning Residents
- Residents who've been granted indefinite leave can return to the UK if their leave hasn't lapsed, under specific immigration rules.
Invalid Applications
- Refusal Basis: Applications that don't meet requirements (indefinite or limited leave, with or without an application).
Validity and Efficacy
- Proof Validity: Validity of documents, cards, and evidence remains unaffected by changes in governing regulations.
Application Consideration
- Review Procedures: The Annex 2 applies to application review and eligibility conditions maintenance.
Valid Application Criteria (EU9)
- Application Process: Using the required process.
- Proof of Identity/Nationality (In-country): Providing specified proof.
- Proof of Entitlement (Out-of-country): Providing specified proof.
- Biometrics: Providing required biometrics.
- Application Deadline: Applying on or after the relevant date.
- Family Members (on or after Aug 9 2023): Not being a specified enforcement case.
Invalid Application Reasons
- Invalid Application: Non-fulfillment of requirements in EU9.
- Multiple Applications: Subsequent valid applications treated as variations of previous application (only the latest being reviewed), unless other rules are applicable.
Indefinite Leave Eligibility (EU11)
- Criteria to Meet:
- Permanent residence.
- Continuity, with no supervening circumstances.
Indefinite/Limited Leave Eligibility (EU11 & EU14)
- Criteria and Condition Details:
- Relevant EEA citizen/family members
- Derivative/Zambrano right to reside
- Continuous qualifying periods.
- Specific scenarios for family members of deceased or ceasing workers.
- Child age requirements and marriage/partnership dates.
Indefinite Leave for Joining Family Members (EU11A)
- Criteria 1–4 for joining family members
- Relevant sponsor and continuity criteria are key
- Time-based criteria, based on a "specified date" and five-year qualifying periods
Indefinite Leave for Family Members of British Citizens (EU12)
- Matching criteria (EU11): permanent residence, continuity and eligibility conditions
- Family member of a British citizen or family members with preserved residence rights
- Specific conditions for 5-year periods in the UK
Limited Leave Eligibility (EU14)
- Criteria to Meet:
- Eligibility requirements for limited stay.
- Continuous qualifying periods below 5 years, and avoidance of supervening circumstances
Limited Leave for Joining Family Members (EU14A)
- Criteria to Meet:
- Relevant sponsor conditions for limited stay.
- Continuous qualifying periods below 5 years (Post "specified date"), and avoidance of supervening circumstances
Suitability Refusal Grounds (EU15 & EU16)
- Refusal Grounds:
- Deportation orders/decisions
- Exclusion orders/decisions
- Public good conduct issues
- Islands deportations
- Exclusion decisions in non-EEA jurisdictions
- False or misleading information
- Removal decisions due to non-use of rights (for applications before 1 July 2021)
- Previous refusals/cancelled leave applications
Other Leave Procedures
- Leave Cancellation/Review: Annex 3 clarifies cancellation, curtailment and revocation methods.
- Leave Continuation: Details on order/decision relevance to continued eligibility.
Studying That Suits You
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Description
Test your understanding of the key components of Appendix EU related to immigration rules. This quiz covers the grounds for application refusals based on conduct and the implications of certain decisions in the immigration process. It is essential for anyone studying EU immigration law to grasp these concepts.