Appendix EU: UK Immigration

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Questions and Answers

According to Appendix EU, under what circumstances will an applicant be granted indefinite leave to enter the UK?

If the applicant has resided in the UK for at least 5 years, regardless of the validity of their application.
If the applicant is a family member of a British citizen, regardless of meeting eligibility requirements.
If a valid application is made, the eligibility requirements for limited leave are met, and the application is not refused on suitability grounds.
If a valid application is made, the eligibility requirements for indefinite leave are met, and the application is not refused on suitability grounds. (correct)

What is a key difference in the requirements for indefinite leave to enter or remain for a joining family member of a relevant sponsor compared to other applicants?

Joining family members must meet the eligibility requirements outlined in paragraph EU11A, whereas other applicants refer to EU11 or EU12. (correct)
Joining family members do not need to submit a valid application.
Joining family members are only eligible for limited leave to enter or remain.
Joining family members are exempt from the suitability assessment.

Under Appendix EU, when might an applicant be granted limited leave to enter the UK rather than indefinite leave?

When the applicant is a high-skilled worker with a job offer in the UK.
When the applicant has significant criminal convictions.
When the applicant is applying from within the UK.
When the applicant only meets the eligibility requirements for limited leave. (correct)

An EEA citizen residing in the UK under Appendix EU applies for indefinite leave to remain, but their application is refused due to a suitability concern. Which of the following is the MOST likely outcome?

They will be granted five years' limited leave to remain, provided they meet the eligibility requirements for limited leave. (A) Signup and view all the answers

A Swiss citizen is seeking to join their spouse, who is a relevant sponsor with indefinite leave to remain in the UK, according to Appendix EU. What conditions must they satisfy to be granted indefinite leave to enter?

They must make a valid application, meet the eligibility requirements in paragraph EU11A, and not be refused on suitability grounds. (B) Signup and view all the answers

Consider an applicant who has been granted five years’ limited leave to remain in the UK under Appendix EU. Which factor would be MOST critical in determining whether they can later apply for indefinite leave to remain?

Their compliance with the conditions of their limited leave and meeting the eligibility requirements for indefinite leave at the time of application. (C) Signup and view all the answers

A family member of a qualifying British citizen is applying for indefinite leave to enter the UK under Appendix EU. The application is valid, and they meet all eligibility requirements outlined in the relevant paragraphs, but there is a minor concern regarding their suitability. What is the MOST likely outcome, according to the provided information?

The application may be refused based on suitability grounds, assuming the concern is significant enough. (B) Signup and view all the answers

An individual is applying for leave to remain under Appendix EU. Their application is neither eligible for indefinite leave nor limited leave, and there are no suitability concerns. Based solely on the provided text, what is the likely outcome of their application?

The provided text does not specify the outcome for applications that meet neither indefinite nor limited leave eligibility. (C) Signup and view all the answers

An EEA citizen's child, who is 19 years old, is applying for indefinite leave to remain before July 1, 2021. Under which condition related to the EEA citizen (or their spouse/civil partner) might the child be eligible?

The EEA citizen meets the requirements of sub-paragraph (d)(ii)(bb) of the applicable definition of relevant EEA citizen in Annex 1. (B) Signup and view all the answers

After July 1, 2021, a family member applies for indefinite leave to remain based on their relationship with an EEA citizen. Which condition concerning the EEA citizen must be met for the family member to potentially qualify?

The EEA citizen meets the requirements of sub-paragraph (a)(ii)(aa) of the applicable definition. (B) Signup and view all the answers

An applicant is applying for indefinite leave to enter as a joining family member after the specified date. Which of the following must be satisfied at the date of application for condition 1 to be met?

The Secretary of State must be satisfied by required evidence of the family relationship. (C) Signup and view all the answers

A 20-year-old child of an EEA citizen is applying for indefinite leave to remain. The EEA citizen formed a civil partnership before the 'specified date'. Which condition must be met concerning their civil partnership?

The civil partnership must have been formed before the specified date. (B) Signup and view all the answers

A family member's application for indefinite leave to remain is being considered. The relevant EEA citizen is an Irish citizen. Which specific requirement related to the EEA citizen applies in this scenario if the application is made before July 1, 2021?

The EEA citizen must meet the requirements of sub-paragraph (b)(ii) of the applicable definition of relevant EEA citizen in Annex 1. (A) Signup and view all the answers

A durable partner of an EEA citizen is applying for indefinite leave to remain. The partnership was deemed durable before the specified date. What is a critical requirement regarding the partnership for the application to be successful?

The partnership must have remained durable at the specified date. (B) Signup and view all the answers

An applicant is seeking indefinite leave based on being a family member of a 'relevant naturalised British citizen'. Besides being naturalized, what other condition(s) must the citizen meet concerning their status as defined in Annex 1?

The citizen must meet conditions outlined in sub-paragraphs (b), (c), and (d) of the relevant definition in Annex 1. (D) Signup and view all the answers

If an EEA citizen meets the requirements of sub-paragraph (f)(ii)(aa) of the applicable definition of relevant EEA citizen in Annex 1, under which condition is their family member eligible to apply for indefinite leave to remain on or after July 1, 2021?

When the family member's application is made on or after July 1, 2021. (D) Signup and view all the answers

Under what grounds can an application be refused based on conduct committed before a specified date, according to the provided text?

On grounds of public policy, public security, or public health, in accordance with regulation 27 of the EEA Regulations, and it is proportionate to refuse the application. (D) Signup and view all the answers

When can the Secretary of State refuse an application based on conduct committed after a specified date?

If the Secretary of State deems the applicant’s presence in the UK is not conducive to the public good. (D) Signup and view all the answers

What condition applies to orders or decisions that an applicant is subject to, in the context of paragraphs EU15 and EU16?

The references do not include an order or decision which, at the date of decision on their application under this Appendix, has been set aside or revoked. (A) Signup and view all the answers

What does Annex 3 cover within the context of leave granted under Appendix EU?

The cancellation, curtailment and revocation of leave to enter or remain granted under this Appendix. (D) Signup and view all the answers

In the context of refusal based on conduct committed before a specified date, how is 'an EEA decision' read in regulation 27 of the EEA Regulations?

As a decision under paragraph EU16(c) of Appendix EU to the Immigration Rules. (D) Signup and view all the answers

How are the terms 'with a right of permanent residence under regulation 15’ and ‘who has a right of permanent residence under regulation 15’ interpreted within regulation 27 of the EEA Regulations when considering refusals?

They are replaced with ‘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’ (B) Signup and view all the answers

If an applicant is a relevant excluded person because of conduct committed before the specified date, what additional condition must be met for the application to be refused?

The Secretary of State is satisfied that the decision to refuse the application is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations. (A) Signup and view all the answers

What is the primary factor determining whether to refuse an application from a relevant excluded person due to conduct after a specified date?

The applicant is a relevant excluded person because of conduct committed after the specified date. (C) Signup and view all the answers

An applicant applying from outside the UK, as a joining family member, can be granted limited leave to enter for how long if they meet the relevant requirements?

Five years (D) Signup and view all the answers

Under what circumstances can the Secretary of State extend the limited leave to remain, granted under the Appendix?

Regardless of whether the person has made a valid application under this Appendix. (D) Signup and view all the answers

A person has been granted indefinite leave to enter or remain under this Appendix. What happens if they have been absent from the UK and Islands?

They can resume their residence in the UK unless their leave has lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000. (C) Signup and view all the answers

What happens to an application made under this Appendix that does not meet the requirements for indefinite leave to enter or remain, or limited leave to enter or remain?

It will be refused (B) Signup and view all the answers

When does Annex 1's definitions apply to this Appendix?

To any application made under this Appendix (B) Signup and view all the answers

If a document presented as evidence was valid under EEA Regulations but those regulations have since been revoked, how is the validity of the document assessed?

The document's prior validity under EEA Regulations is still accepted. (D) Signup and view all the answers

Annex 2 of the Appendix applies to the Secretary of State's consideration of which of the following?

A valid application made under this Appendix. (D) Signup and view all the answers

What is a requirement for a valid application made under this Appendix?

The required biometrics have been provided (C) Signup and view all the answers

Paragraph 34BB of the Immigration Rules relates to overstaying. How does it apply to applications under this appendix?

It does not apply to applications made under this Appendix. (B) Signup and view all the answers

If a valid application is made under this Appendix while a previous similar application is still being processed, what happens?

The further application will be treated as an application to vary the previous application and only the latest application will be considered. (C) Signup and view all the answers

An applicant is applying as a joining family member of a relevant sponsor on or after 9 August 2023. What additional condition applies to their application regarding enforcement?

They must not be a specified enforcement case. (A) Signup and view all the answers

A person has been granted limited leave to enter or remain under paragraph EU3A. To extend that leave, which eligibility requirements must they meet?

The eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14A. (A) Signup and view all the answers

Under what circumstance may a person be granted indefinite leave to enter or remain without making a valid application under this Appendix?

Where the Secretary of State is satisfied that the requirements in paragraph EU2 or paragraph EU2A are otherwise met. (B) Signup and view all the answers

A person was previously granted limited leave to enter under paragraph EU3. What is required for them to be granted indefinite leave to enter or remain?

The requirements in paragraph EU2 must be met. (A) Signup and view all the answers

A valid application has been made under another part of the Immigration Rules. What happens if a valid application is then made under this Appendix concerning the same applicant?

Both applications will be considered. (D) Signup and view all the answers

An applicant applying for limited leave to remain as a joining family member of a relevant sponsor within the UK is ineligible for indefinite leave to remain solely because:

They have not completed a continuous qualifying period of five years that began after the specified date. (D) Signup and view all the answers

Under what circumstance will an application made under this appendix be mandatorily refused?

The applicant is subject to a deportation order. (A) Signup and view all the answers

Which of the following scenarios would permit the Secretary of State to refuse an application on suitability grounds?

The applicant is subject to a removal decision under the EEA Regulations and applied before 1 July 2021. (D) Signup and view all the answers

An individual is applying as a family member of a qualifying British citizen. What must be true regarding their previous residence in the UK?

They must have been lawfully resident by virtue of regulation 9(1) to (6) of the EEA Regulations. (B) Signup and view all the answers

What factor would prevent an applicant from being granted indefinite leave, thus requiring them to apply for limited leave as a family member of a qualifying British citizen?

The applicant has completed a continuous qualifying period in the UK of less than five years. (C) Signup and view all the answers

Under which condition can the Secretary of State refuse an application based on false information?

If the false information is material to the decision of granting indefinite leave to remain, regardless of the applicant's knowledge. (C) Signup and view all the answers

Which situation might lead to a discretionary refusal of an application?

The applicant is subject to an Islands exclusion decision. (B) Signup and view all the answers

An applicant's previous grant of leave under Appendix EU was cancelled. Which rule or annex being cited for cancellation would allow for their current application to be refused on suitability grounds?

Paragraph A3.1A of Annex 3 (B) Signup and view all the answers

A relevant sponsor has become incarcerated due to committing several crimes. What impact does this have on a family member who is applying for limited leave to enter or remain as a joining family member?

The application will be refused since there is likely to be a supervening event in respect of the relevant sponsor. (A) Signup and view all the answers

An applicant submits two applications for indefinite leave to remain, and both are initially deemed eligible. After notifying the applicant, how long does the applicant have to confirm which application they want to proceed with?

14 days (A) Signup and view all the answers

Which of the following scenarios would not necessarily lead to refusal of an application, but requires assessment of proportionality?

The applicant submitted false information to obtain a document to support the application. (A) Signup and view all the answers

If an applicant fails to confirm their choice of application within the stipulated timeframe, which application will be decided by the Secretary of State?

The application with the latest submission date. (B) Signup and view all the answers

Under what circumstance is an applicant eligible for indefinite leave to enter or remain as a relevant EEA citizen or their family member?

If the applicant has a documented right of permanent residence and no supervening event has occurred. (D) Signup and view all the answers

Which of the following scenarios satisfies the conditions for an EEA citizen's family member to obtain indefinite leave to remain?

The family member possesses valid evidence of their indefinite leave to enter or remain. (D) Signup and view all the answers

An applicant seeking indefinite leave to remain based on a derivative right to reside must demonstrate what?

A continuous qualifying period of five years in any combination of eligible categories. (B) Signup and view all the answers

What is a critical requirement for a relevant EEA citizen who has ceased activity to be eligible for indefinite leave to remain?

No supervening event has occurred since they ceased activity. (A) Signup and view all the answers

A family member is applying for indefinite leave to remain based on a relevant EEA citizen who has ceased activity before July 1, 2021. What requirements must the relevant EEA citizen meet?

Meet the requirements of sub-paragraph (b) of the applicable definition of relevant EEA citizen in Annex 1. (D) Signup and view all the answers

If a family member applies for indefinite leave to remain on or after July 1, 2021, based on a relevant EEA citizen who has ceased activity, which specific requirement must the EEA citizen meet based on the provided text?

Sub-paragraph (a)(ii)(aa) of the applicable definition of relevant EEA citizen in Annex 1. (D) Signup and view all the answers

For a family member's application based on an EEA citizen who has ceased activity, what additional residency requirement applies to the family member?

The applicant must have been resident in the UK and Islands for a continuous qualifying period immediately before the relevant EEA citizen became a person who has ceased activity. (C) Signup and view all the answers

Under what condition can a family member of a deceased EEA citizen apply for indefinite leave to remain?

If the EEA citizen was resident in the UK as a worker or self-employed person at the time of their death. (A) Signup and view all the answers

What is the required duration of continuous qualifying period that a relevant EEA citizen must have resided in the UK and Islands immediately before dying for their family member to be eligible for indefinite leave to remain?

Two years (C) Signup and view all the answers

What is the key exception to the two-year residency requirement for a deceased EEA citizen regarding their family member's eligibility for indefinite leave to remain?

If the EEA citizen's death resulted from an accident at work or occupational disease. (D) Signup and view all the answers

Prior to the death of a relevant EEA citizen, what residency condition must be met by the applicant (family member) to be eligible for indefinite leave to remain?

The applicant must have been resident in the UK with the relevant EEA citizen immediately before their death. (D) Signup and view all the answers

Following the death of a relevant EEA citizen, what ongoing condition must be met by the applicant (family member) to secure indefinite leave to remain?

The applicant must not have any supervening event occur since the death of the relevant EEA citizen. (D) Signup and view all the answers

What is the overarching theme that applies to all the conditions for eligibility for indefinite leave to remain described in the document?

Applicants must meet specific criteria related to their status as EEA citizens or family members, including residency, activity status, and the absence of supervening events. (B) Signup and view all the answers

An applicant seeking indefinite leave as a family member of a qualifying British citizen must demonstrate that they meet certain conditions. Which of the following is a necessary condition, focusing on continuous residence?

The applicant must have completed a continuous qualifying period of five years that began after a specified date, as a joining family member of a relevant sponsor. (A) Signup and view all the answers

Under what circumstance can an applicant apply for indefinite leave to remain based on a relationship with a relevant sponsor who has ceased activity?

If the applicant was a joining family member of the relevant sponsor at the point the sponsor ceased activity, and the sponsor meets the requirements of Annex 1. (C) Signup and view all the answers

If a relevant sponsor has died, what is a key condition for their family member to be eligible for indefinite leave to remain?

The relevant sponsor was resident in the UK as a worker or self-employed person at the time of their death. (D) Signup and view all the answers

An applicant is the child of a relevant sponsor but is over the age of 21. Which condition regarding them being a 'joining family member' is most likely to be relevant to their application?

The applicant must be under the age of 21 years. (D) Signup and view all the answers

What constitutes a 'supervening event' that could negatively impact an application for indefinite leave to remain as a family member of a qualifying British citizen?

Any event that leads to the applicant no longer meeting the eligibility requirements, such as a criminal conviction or a break in the relationship with the sponsor. (B) Signup and view all the answers

If the date of application for indefinite leave to remain is on or after 1 July 2021, which Annex 1 sub-paragraph concerning the relevant sponsor's requirements is most likely to be relevant if the British Citizen has become naturalised?

sub-paragraph (b)(vi)(aa) (D) Signup and view all the answers

A joining family member is applying for indefinite leave to remain. What date is critical in determining which set of requirements the relevant sponsor must meet?

The date of application for indefinite leave to remain. (D) Signup and view all the answers

In the context of a relevant sponsor who has died, what minimum continuous qualifying period of residence in the UK and Islands is generally required immediately before their death for their family member to be eligible for indefinite leave to remain?

Two years. (B) Signup and view all the answers

An applicant is the child (under 21) of the spouse of a relevant sponsor. Under what condition can this applicant be granted indefinite leave to remain?

If the spouse has been granted indefinite leave to enter or remain under paragraph EU2 of this Appendix. (B) Signup and view all the answers

An applicant is the child (under 21) of the spouse of a relevant sponsor, AND that spouse is being granted indefinite leave to enter or remain under paragraph EU2A. According to the provided text, what ELSE must be true?

The spouse MUST meet the requirements of the definition of 'joining family member'. (C) Signup and view all the answers

An applicant is applying based on a relationship with a deceased relevant sponsor. The death was the result of an accident at work. How does this affect the required continuous qualifying period?

The continuous qualifying period requirement of two years may be waived. (A) Signup and view all the answers

A relevant sponsor was resident in the UK and Islands for 18 months before their death; the death was NOT the result of an accident at work. Can their family member still potentially qualify for indefinite leave?

No, because the sponsor did not meet the minimum residency requirement of two years. (C) Signup and view all the answers

Which of the following scenarios would meet the minimum requirements for an applicant to be considered a family member of a qualifying British citizen for residency purposes?

The applicant is a family member of a qualifying British citizen and has retained the right of residence because of that relationship. (B) Signup and view all the answers

Before a relevant sponsor became a person who has ceased activity, the applicant was resident in the UK and Islands for a continuous qualifying period which began after the specified date. Why is this fact important?

It is a general requirement for eligibility under the British citizen route. (A) Signup and view all the answers

An applicant is seeking indefinite leave based on a relationship with a relevant sponsor. The sponsor meets the criteria of a 'relevant naturalised British citizen'. When is this relevant?

Only when the application is made before 1 July 2021. (D) Signup and view all the answers

An applicant is applying for indefinite leave to remain as a family member of a qualifying British citizen. Which of the following is a necessary condition for their application to be successful?

The applicant has a documented right of permanent residence. (C) Signup and view all the answers

What is the 'specified date' that is mentioned in relation to an applicant having completed a continuous qualifying period of five years?

The legislation does not define this; it is defined elsewhere. (C) Signup and view all the answers

What is considered a 'supervening event' that could negatively impact an applicant's ability to obtain indefinite leave to remain as a family member of a qualifying British citizen?

The dissolution of the relationship with the qualifying British citizen due to domestic abuse committed by the applicant. (A) Signup and view all the answers

An applicant is applying for indefinite leave based on evidence of their indefinite leave to enter or remain. What other condition must they also meet?

The applicant must be a family member of a qualifying British citizen or have retained the right of residence through that connection. (B) Signup and view all the answers

An applicant seeks indefinite leave to remain based on five years of continuous residence as a family member of a qualifying British citizen. What specific condition must be met during the period of residence?

The applicant must have been lawfully resident under EEA Regulations, regardless of whether the British citizen was a 'qualified person'. (B) Signup and view all the answers

An applicant has completed five years of continuous qualifying residence in the UK. What would disqualify them from obtaining indefinite leave to remain?

A supervening event has occurred since completing the five-year qualifying period. (D) Signup and view all the answers

Under what specific circumstance can a child under 21 of the spouse or civil partner of a qualifying British citizen apply for indefinite leave to remain?

If the marriage or civil partnership was formed prior to the date and time of withdrawal. (C) Signup and view all the answers

According to the provided text, what status must the spouse or civil partner of the qualifying British citizen have to enable their child to apply for indefinite leave to remain?

They must have been or are being granted indefinite leave to enter or remain. (A) Signup and view all the answers

Under what circumstances can an applicant's continuous qualifying period include time spent as a relevant EEA citizen?

When applying under condition 3, where the applicant was a relevant EEA citizen before becoming a family member of a qualifying British citizen. (C) Signup and view all the answers

An applicant was initially a family member of a qualifying British citizen, then became a relevant EEA citizen. Can their time as a family member of a British citizen count towards their continuous qualifying period?

Yes, the period during which the applicant was a family member of a qualifying British citizen can be included in condition 3. (A) Signup and view all the answers

An individual is applying for limited leave to remain as a relevant EEA citizen. What is a primary condition for meeting the eligibility requirements?

The applicant must not be eligible for indefinite leave to enter or remain solely because they have completed less than five years of continuous qualifying residence. (B) Signup and view all the answers

If an applicant is the family member of a relevant EEA citizen applying for limited leave to remain, what additional condition applies regarding 'supervening events'?

There must have been no supervening event in respect of the relevant EEA citizen. (C) Signup and view all the answers

An applicant with a derivative right to reside is applying for limited leave to enter or remain. What must the Secretary of State be satisfied of to approve the application?

That the applicant meets the eligibility requirements, including providing required evidence of family relationship where applicable. (A) Signup and view all the answers

An applicant is applying for limited leave to remain as a person with a Zambrano right to reside. What is the critical factor in assessing their eligibility?

Whether the Secretary of State is satisfied that the applicant meets the eligibility requirements, including evidence of family relationship where applicable. (B) Signup and view all the answers

Which factor determines whether an applicant can be granted limited leave to enter or remain as a family member of a qualifying British citizen?

Whether the Secretary of State is satisfied that the applicant meets the eligibility requirements, including the required evidence of family relationship. (B) Signup and view all the answers

Flashcards

Appendix EU Purpose

Sets out the basis for granting indefinite or limited leave to EEA and Swiss citizens, their family members, and family members of qualifying British citizens.

Indefinite Leave Requirements

A valid application, meeting eligibility requirements (EU11 or EU12), and no suitability refusal grounds (EU15 or EU16).

Indefinite Leave as Joining Family Member

A valid application, meeting eligibility requirements (EU11A), and no suitability refusal grounds (EU15 or EU16).

Requirements for Limited Leave

Granted if eligibility for indefinite leave is not met (EU11, EU12), but eligibility for limited leave (EU14) is met, with no suitability refusal grounds (EU15, EU16).