Podcast
Questions and Answers
What is the purpose of the EU Settlement Scheme?
What is the purpose of the EU Settlement Scheme?
What is the status granted to applicants under the EU Settlement Scheme?
What is the status granted to applicants under the EU Settlement Scheme?
What is the significance of the European Union (Withdrawal) Act 2018 in relation to the EU Settlement Scheme?
What is the significance of the European Union (Withdrawal) Act 2018 in relation to the EU Settlement Scheme?
What is the term used in the text to describe the immigration status granted under the EU Settlement Scheme?
What is the term used in the text to describe the immigration status granted under the EU Settlement Scheme?
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According to paragraph 1.15 of the Statement of Intent, what is the Home Office's approach to helping applicants with their EU Settlement Scheme applications?
According to paragraph 1.15 of the Statement of Intent, what is the Home Office's approach to helping applicants with their EU Settlement Scheme applications?
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Regarding the EU Settlement Scheme, what is the meaning of the term 'evidential flexibility' as mentioned in the text?
Regarding the EU Settlement Scheme, what is the meaning of the term 'evidential flexibility' as mentioned in the text?
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What is the main purpose of the 'guidance for caseworkers' referred to in the text?
What is the main purpose of the 'guidance for caseworkers' referred to in the text?
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Based on the provided text, what does "the scheme" refer to?
Based on the provided text, what does "the scheme" refer to?
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Which of the following individuals is NOT considered an 'EEA citizen' according to the text?
Which of the following individuals is NOT considered an 'EEA citizen' according to the text?
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What happens to an application for indefinite leave to enter or remain under Appendix EU if the applicant already holds valid indefinite leave under Appendix EU?
What happens to an application for indefinite leave to enter or remain under Appendix EU if the applicant already holds valid indefinite leave under Appendix EU?
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Who can apply to return to and settle in the UK under Appendix Returning Resident?
Who can apply to return to and settle in the UK under Appendix Returning Resident?
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What does the term 'relevant naturalised British citizen' refer to in the context of 'EEA citizen' definition?
What does the term 'relevant naturalised British citizen' refer to in the context of 'EEA citizen' definition?
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Which of the following is NOT a country included under sub-paragraph (a)(i) in the definition of 'EEA citizen'?
Which of the following is NOT a country included under sub-paragraph (a)(i) in the definition of 'EEA citizen'?
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What happens to an individual's eligibility for the EU Settlement Scheme if their indefinite leave granted under Appendix EU has lapsed due to their absence from the UK?
What happens to an individual's eligibility for the EU Settlement Scheme if their indefinite leave granted under Appendix EU has lapsed due to their absence from the UK?
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How does the definition of 'relevant EEA citizen' change depending on the date of the application?
How does the definition of 'relevant EEA citizen' change depending on the date of the application?
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What is the key difference between applying under the EU Settlement Scheme and under Appendix Returning Resident?
What is the key difference between applying under the EU Settlement Scheme and under Appendix Returning Resident?
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In what circumstances can a letter from the Secretary of State be used as evidence for a person's right to reside in the UK under the EU Settlement Scheme?
In what circumstances can a letter from the Secretary of State be used as evidence for a person's right to reside in the UK under the EU Settlement Scheme?
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What does the requirement 'that a document, card or other evidence is valid (or remained valid for the period of residence relied upon), or has not been cancelled or invalidated or has not ceased to be effective' mean for applicants under the EU Settlement Scheme?
What does the requirement 'that a document, card or other evidence is valid (or remained valid for the period of residence relied upon), or has not been cancelled or invalidated or has not ceased to be effective' mean for applicants under the EU Settlement Scheme?
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Which of the following categories of family members are eligible for a letter from the Secretary of State to be used as evidence in their EU Settlement Scheme application?
Which of the following categories of family members are eligible for a letter from the Secretary of State to be used as evidence in their EU Settlement Scheme application?
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What is the maximum timeframe allowed for an applicant relying on a letter from the Secretary of State to make their EU Settlement Scheme application after receiving the letter?
What is the maximum timeframe allowed for an applicant relying on a letter from the Secretary of State to make their EU Settlement Scheme application after receiving the letter?
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Under what circumstances can an applicant be considered to have 'reasonable grounds for their delay' in making their EU Settlement Scheme application after the 30 June 2021 deadline?
Under what circumstances can an applicant be considered to have 'reasonable grounds for their delay' in making their EU Settlement Scheme application after the 30 June 2021 deadline?
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When does the definition of a 'relevant EEA citizen' apply?
When does the definition of a 'relevant EEA citizen' apply?
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Which of the following is NOT a requirement for an EEA citizen to be considered a 'relevant EEA citizen' under sub-paragraph (a)?
Which of the following is NOT a requirement for an EEA citizen to be considered a 'relevant EEA citizen' under sub-paragraph (a)?
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What is the specified date mentioned in the definition of 'relevant EEA citizen'?
What is the specified date mentioned in the definition of 'relevant EEA citizen'?
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What is the qualifying period mentioned in the definition of 'relevant EEA citizen' referring to?
What is the qualifying period mentioned in the definition of 'relevant EEA citizen' referring to?
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Under which sub-paragraph of the 'relevant EEA citizen' definition would a family member of a person exempt from immigration control fall?
Under which sub-paragraph of the 'relevant EEA citizen' definition would a family member of a person exempt from immigration control fall?
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For someone to be considered a 'relevant EEA citizen' under sub-paragraph (d), what must be true about their residency?
For someone to be considered a 'relevant EEA citizen' under sub-paragraph (d), what must be true about their residency?
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What is the significance of the specified date (1 July 2021) in the context of sub-paragraph (b) of the definition?
What is the significance of the specified date (1 July 2021) in the context of sub-paragraph (b) of the definition?
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A family member of a relevant person of Northern Ireland can be considered a 'relevant EEA citizen' under sub-paragraph (e). Which of the following types of EEA citizens are NOT applicable under this sub-paragraph?
A family member of a relevant person of Northern Ireland can be considered a 'relevant EEA citizen' under sub-paragraph (e). Which of the following types of EEA citizens are NOT applicable under this sub-paragraph?
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Which of the following is a TRUE statement about the continuous qualifying period mentioned in sub-paragraph (e) of the 'relevant EEA citizen' definition?
Which of the following is a TRUE statement about the continuous qualifying period mentioned in sub-paragraph (e) of the 'relevant EEA citizen' definition?
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In the context of the definition of 'relevant EEA citizen', what is the distinction between a 'relevant EEA citizen' and a 'specified relevant person of Northern Ireland'?
In the context of the definition of 'relevant EEA citizen', what is the distinction between a 'relevant EEA citizen' and a 'specified relevant person of Northern Ireland'?
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What is the purpose of the guidance referenced for sub-paragraph (d) of the 'relevant EEA citizen' definition?
What is the purpose of the guidance referenced for sub-paragraph (d) of the 'relevant EEA citizen' definition?
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What is the alternative requirement for an EEA citizen to be considered a 'relevant EEA citizen' under sub-paragraph (a) if the applicant is their family member?
What is the alternative requirement for an EEA citizen to be considered a 'relevant EEA citizen' under sub-paragraph (a) if the applicant is their family member?
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Which of the following is NOT mentioned as a way for an applicant to be considered a 'relevant EEA citizen' in the context of the additional information section?
Which of the following is NOT mentioned as a way for an applicant to be considered a 'relevant EEA citizen' in the context of the additional information section?
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Which of the following is NOT a condition that applies when someone is considered a 'relevant EEA citizen' in the additional information section?
Which of the following is NOT a condition that applies when someone is considered a 'relevant EEA citizen' in the additional information section?
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When were applications under the EU Settlement Scheme possible for joining family members of a relevant sponsor as defined in Annex 1 to Appendix EU?
When were applications under the EU Settlement Scheme possible for joining family members of a relevant sponsor as defined in Annex 1 to Appendix EU?
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Who, as defined in Annex 1 to Appendix EU, is exempt from the requirement to apply for the EU Settlement scheme?
Who, as defined in Annex 1 to Appendix EU, is exempt from the requirement to apply for the EU Settlement scheme?
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Which group does the text mention as ineligible to apply for the EU Settlement Scheme?
Which group does the text mention as ineligible to apply for the EU Settlement Scheme?
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How should an application under the EU Settlement Scheme be treated when a person is exempt from immigration control?
How should an application under the EU Settlement Scheme be treated when a person is exempt from immigration control?
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What is the deadline for applications under the EU Settlement Scheme for family members of a relevant person of Northern Ireland?
What is the deadline for applications under the EU Settlement Scheme for family members of a relevant person of Northern Ireland?
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Which group of individuals was given the right to apply for the EU Settlement Scheme on 1 July 2021?
Which group of individuals was given the right to apply for the EU Settlement Scheme on 1 July 2021?
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When can a person who is exempt from immigration control make an application under the EU Settlement Scheme?
When can a person who is exempt from immigration control make an application under the EU Settlement Scheme?
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What is the consequence of applying under the EU Settlement Scheme if one has a right of abode in the UK?
What is the consequence of applying under the EU Settlement Scheme if one has a right of abode in the UK?
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Which of the following is NOT a requirement for someone to be considered a frontier worker?
Which of the following is NOT a requirement for someone to be considered a frontier worker?
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Which of these documents is considered a 'relevant document', as defined in Annex 1 to Appendix EU, under sub-paragraph (a)(i)(aa)?
Which of these documents is considered a 'relevant document', as defined in Annex 1 to Appendix EU, under sub-paragraph (a)(i)(aa)?
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Which of the following is NOT a condition that a 'relevant document' must satisfy, under sub-paragraph (b)?
Which of the following is NOT a condition that a 'relevant document' must satisfy, under sub-paragraph (b)?
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What is the specified date as referenced in the content?
What is the specified date as referenced in the content?
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If a person is a family member of a relevant person of Northern Ireland, and is a dependent relative or durable partner, what document is required for them to be considered a 'relevant document' under sub-paragraph (a)(i)(bb)?
If a person is a family member of a relevant person of Northern Ireland, and is a dependent relative or durable partner, what document is required for them to be considered a 'relevant document' under sub-paragraph (a)(i)(bb)?
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Under which sub-paragraph is a biometric residence card considered a 'relevant document'?
Under which sub-paragraph is a biometric residence card considered a 'relevant document'?
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Which of the following is NOT a requirement for a 'relevant document' under sub-paragraph (c)?
Which of the following is NOT a requirement for a 'relevant document' under sub-paragraph (c)?
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In which circumstances can a 'relevant document' under sub-paragraph (d) have expired?
In which circumstances can a 'relevant document' under sub-paragraph (d) have expired?
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What is the essential requirement under sub-paragraph (e) for a 'relevant document' to have expired?
What is the essential requirement under sub-paragraph (e) for a 'relevant document' to have expired?
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What is the purpose of referring to the 'relevant document' in sub-paragraph (e)?
What is the purpose of referring to the 'relevant document' in sub-paragraph (e)?
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Which of the following documents is NOT considered a 'relevant document' under the content provided?
Which of the following documents is NOT considered a 'relevant document' under the content provided?
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What are the 'EEA Regulations' referred to throughout the content?
What are the 'EEA Regulations' referred to throughout the content?
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According to the content, which of these is NOT considered a 'relevant document' for the purposes of being a frontier worker?
According to the content, which of these is NOT considered a 'relevant document' for the purposes of being a frontier worker?
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In which of the following situations would a document issued under the 2000 or 2006 Regulations be considered a 'relevant document'?
In which of the following situations would a document issued under the 2000 or 2006 Regulations be considered a 'relevant document'?
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What is the purpose of the Frontier worker permit scheme as mentioned in the content?
What is the purpose of the Frontier worker permit scheme as mentioned in the content?
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Why did the content mention a letter from the Secretary of State, issued after 30 June 2021, confirming qualification for a document?
Why did the content mention a letter from the Secretary of State, issued after 30 June 2021, confirming qualification for a document?
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Study Notes
EU Settlement Scheme
- The EU Settlement Scheme allows EEA and Swiss citizens (and their family members) residing in the UK by December 31, 2020, to apply for UK immigration status.
- Based on agreements with the EU and other EEA countries, and Switzerland.
- The agreements are part of UK law (European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020).
Types of Status
- Settled Status: indefinite leave to enter (ILE) (outside UK) or indefinite leave to remain (ILR) (within UK).
- Pre-settled Status: 5 years' limited leave to enter (LTE) (outside UK) or 5 years' limited leave to remain (LTR) (within UK).
Application Process and Eligibility
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The Home Office aims to help applicants avoid errors/omissions.
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Caseworkers can allow supplementary evidence and remedy simple omissions.
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Evidential flexibility will be applied where appropriate to minimize administrative burden (discretion).
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Online guidance assists applicants.
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The scheme accepts applications from those with Zambrano right to reside (since May 2019).
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Scheme accepts applications from Northern Ireland family members (since August 2020) and joining family members of a relevant sponsor (since December 2020).
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Applications possible for EEA citizen dependent relatives, and joining family members of a relevant sponsor of Northern Ireland (since July 2021.
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Exempt individuals (diplomats, consular staff, foreign armed forces, etc.) can apply for pre-settled or settled status while exempt.
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Applications from exempt individuals are not void.
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Exempt people can apply after ceasing to be exempt if applying by the required date, while non-exempt family members can apply immediately.
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British citizens (including dual nationals) and certain Commonwealth citizens are ineligible and applications are treated as void if they apply.
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Individuals with valid indefinite leave to enter/remain (granted under a prior scheme) are ineligible, and applications are treated as void.
Additional Eligibility Conditions
- People whose indefinite leave to enter/remain lapsed due to absence (e.g., more than 5 consecutive years) are not eligible for further leave under the EU Settlement Scheme.
- Returning residents can apply under the Immigration Rules.
Definitions
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EEA Citizen: includes nationals of specified countries (Austria, Belgium, etc), and certain British citizens and relevant naturalized British citizens under certain criteria.
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A more detailed description of specific sub-paragraphs (e.g., family members of dual British and EEA citizens) is provided for relevant situations.
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Additional sub-paragraphs related to the "specified date" and their application after July 1, 2021.
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Additional eligibility conditions relevant to specific sub-paragraphs
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Frontier workers requirements also described.
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Relevant Document: defines the appropriate evidence needed for the EU Settlement Scheme application, depending on the circumstances and type of applicant.
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Covers various situations including family permits, residence cards, and certificates.
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Explanations of equivalent documents and cases where expiry may not preclude valid applications.
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Letters from the Secretary of State for specific situations.
Transitional Provisions
- Documents issued under earlier regulations (2000 or 2006) are treated as issued under the EEA Regulations 2016.
- The validity of a document is not affected by revocation of the initial regulations.
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Description
This quiz explores key aspects of the EU Settlement Scheme, including its purpose, the status granted to applicants, and relevant legislation such as the European Union (Withdrawal) Act 2018. Test your understanding of terms like 'evidential flexibility' and the Home Office's support for applicants.