EU Settlement Scheme Overview

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Questions and Answers

What is the purpose of the EU Settlement Scheme?

  • To allow citizens of the European Economic Area (EEA) and Switzerland to apply for British citizenship.
  • To provide immigration status for EEA and Swiss citizens and their families who were living in the UK by the end of the transition period. (correct)
  • To facilitate the movement of citizens from the UK to other EEA and Swiss countries.
  • To encourage more European workers to relocate to the UK.

What is the status granted to applicants under the EU Settlement Scheme?

  • Permanent residency only
  • Temporary work permits
  • Citizenship
  • Indefinite leave to enter (ILE) or indefinite leave to remain (ILR), or a limited leave to enter (LTE) or limited leave to remain (LTR) for 5 years (correct)

What is the significance of the European Union (Withdrawal) Act 2018 in relation to the EU Settlement Scheme?

  • It determines the eligibility criteria for the EU Settlement Scheme.
  • It incorporates the agreements reached with the EU and other EEA countries into UK law. (correct)
  • It ensures that the UK will continue to be a part of the European Union.
  • It outlines the process for negotiating new agreements with EEA countries.

What is the term used in the text to describe the immigration status granted under the EU Settlement Scheme?

<p>Settled Status (B)</p> Signup and view all the answers

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?

<p>The Home Office will work with applicants to help them avoid errors and will allow them to submit additional evidence to correct any deficiencies. (A)</p> Signup and view all the answers

Regarding the EU Settlement Scheme, what is the meaning of the term 'evidential flexibility' as mentioned in the text?

<p>Caseworkers have the discretion to accept less formal or alternative forms of evidence if necessary. (D)</p> Signup and view all the answers

What is the main purpose of the 'guidance for caseworkers' referred to in the text?

<p>To provide guidance for caseworkers to ensure that they can apply the principles of evidential flexibility in a fair and consistent way. (A)</p> Signup and view all the answers

Based on the provided text, what does "the scheme" refer to?

<p>The EU Settlement Scheme. (C)</p> Signup and view all the answers

Which of the following individuals is NOT considered an 'EEA citizen' according to the text?

<p>A national of Austria who is also a British citizen (A)</p> Signup and view all the answers

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?

<p>The application is considered void. (A)</p> Signup and view all the answers

Who can apply to return to and settle in the UK under Appendix Returning Resident?

<p>Individuals whose indefinite leave granted under Appendix EU has lapsed due to their absence from the UK for more than 5 years. (C)</p> Signup and view all the answers

What does the term 'relevant naturalised British citizen' refer to in the context of 'EEA citizen' definition?

<p>A British citizen who was born outside the UK but has been granted citizenship. (B)</p> Signup and view all the answers

Which of the following is NOT a country included under sub-paragraph (a)(i) in the definition of 'EEA citizen'?

<p>Switzerland (B)</p> Signup and view all the answers

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?

<p>They are ineligible for the EU Settlement Scheme but can apply for other immigration options. (D)</p> Signup and view all the answers

How does the definition of 'relevant EEA citizen' change depending on the date of the application?

<p>The criteria for naturalized British citizens change. (D)</p> Signup and view all the answers

What is the key difference between applying under the EU Settlement Scheme and under Appendix Returning Resident?

<p>The EU Settlement Scheme is for those who want to stay in the UK indefinitely, while Appendix Returning Resident is for those who want to return to the UK. (B)</p> Signup and view all the answers

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?

<p>When the applicant has previously been issued with a residence card under the EEA Regulations, but the application was submitted before the 30 June 2021 deadline, but the card was not issued due to the closure of that route after that date. (C)</p> Signup and view all the answers

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?

<p>The applicant must prove that they had the right to reside in the UK under the EEA Regulations at the time the document was issued, regardless of whether this right has since been revoked. (C)</p> Signup and view all the answers

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?

<p>Only extended family members who applied for a residence card under the EEA Regulations before the end of the transition period. (A)</p> Signup and view all the answers

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?

<p>3 months (B)</p> Signup and view all the answers

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?

<p>When they can prove they applied as soon as reasonably possible after receiving the letter from the Secretary of State confirming their qualification for a card under the EEA Regulations. (C)</p> Signup and view all the answers

When does the definition of a 'relevant EEA citizen' apply?

<p>Only for applications made on or after 1 July 2021 (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for an EEA citizen to be considered a 'relevant EEA citizen' under sub-paragraph (a)?

<p>The EEA citizen must be a British citizen. (D)</p> Signup and view all the answers

What is the specified date mentioned in the definition of 'relevant EEA citizen'?

<p>1 July 2021 (A)</p> Signup and view all the answers

What is the qualifying period mentioned in the definition of 'relevant EEA citizen' referring to?

<p>The period of time that must have passed between the EEA citizen’s arrival in the UK and the specified date. (D)</p> Signup and view all the answers

Under which sub-paragraph of the 'relevant EEA citizen' definition would a family member of a person exempt from immigration control fall?

<p>Sub-paragraph (f) (B)</p> Signup and view all the answers

For someone to be considered a 'relevant EEA citizen' under sub-paragraph (d), what must be true about their residency?

<p>They must have been resident in the UK and Islands for a continuous qualifying period starting before the specified date. (D)</p> Signup and view all the answers

What is the significance of the specified date (1 July 2021) in the context of sub-paragraph (b) of the definition?

<p>The EEA citizen must have applied for leave to enter or remain under Appendix EU before this date to be considered a 'relevant EEA citizen'. (B)</p> Signup and view all the answers

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?

<p>An EEA citizen who is a citizen of a different EEA country and is married to a British citizen. (B)</p> Signup and view all the answers

Which of the following is a TRUE statement about the continuous qualifying period mentioned in sub-paragraph (e) of the 'relevant EEA citizen' definition?

<p>It can begin before the date of application, even if the relevant EEA citizen is a British citizen. (A)</p> Signup and view all the answers

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'?

<p>A 'specified relevant person of Northern Ireland' is an EEA citizen who holds a specific residency status that applies only to individuals with a connection to Northern Ireland. (C)</p> Signup and view all the answers

What is the purpose of the guidance referenced for sub-paragraph (d) of the 'relevant EEA citizen' definition?

<p>To provide guidance on the specific requirements for the family members of EEA citizens who are applying for leave to enter or remain in the UK. (D)</p> Signup and view all the answers

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?

<p>The EEA citizen must have been granted limited leave to enter or remain under paragraph EU3 of Appendix EU. (C)</p> Signup and view all the answers

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?

<p>Having applied for the leave to enter or remain under Appendix EU. (D)</p> Signup and view all the answers

Which of the following is NOT a condition that applies when someone is considered a 'relevant EEA citizen' in the additional information section?

<p>They must have been granted indefinite leave to enter or remain in the UK. (B)</p> Signup and view all the answers

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?

<p>31 December 2020 (B)</p> Signup and view all the answers

Who, as defined in Annex 1 to Appendix EU, is exempt from the requirement to apply for the EU Settlement scheme?

<p>Foreign diplomats (D)</p> Signup and view all the answers

Which group does the text mention as ineligible to apply for the EU Settlement Scheme?

<p>Commonwealth citizens with the right of abode (A), British citizens with dual nationality (C)</p> Signup and view all the answers

How should an application under the EU Settlement Scheme be treated when a person is exempt from immigration control?

<p>The application should be considered in the same way as applications from other relevant EEA citizens. (B)</p> Signup and view all the answers

What is the deadline for applications under the EU Settlement Scheme for family members of a relevant person of Northern Ireland?

<p>24 August 2020 (A)</p> Signup and view all the answers

Which group of individuals was given the right to apply for the EU Settlement Scheme on 1 July 2021?

<p>Family members of a relevant sponsor who are also dependent relatives of a relevant EEA citizen (D)</p> Signup and view all the answers

When can a person who is exempt from immigration control make an application under the EU Settlement Scheme?

<p>Both while they are exempt from immigration control and after they cease to be exempt (C)</p> Signup and view all the answers

What is the consequence of applying under the EU Settlement Scheme if one has a right of abode in the UK?

<p>The application will be treated as void. (C)</p> Signup and view all the answers

Which of the following is NOT a requirement for someone to be considered a frontier worker?

<p>They must be a British citizen. (B)</p> Signup and view all the answers

Which of these documents is considered a 'relevant document', as defined in Annex 1 to Appendix EU, under sub-paragraph (a)(i)(aa)?

<p>A residence card issued by the UK under the EEA Regulations before the specified date (C)</p> Signup and view all the answers

Which of the following is NOT a condition that a 'relevant document' must satisfy, under sub-paragraph (b)?

<p>It must have expired after the specified date and before the required date. (C)</p> Signup and view all the answers

What is the specified date as referenced in the content?

<p>December 31, 2020 (D)</p> Signup and view all the answers

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)?

<p>Other evidence that satisfies the Secretary of State of the relationship and dependency (C)</p> Signup and view all the answers

Under which sub-paragraph is a biometric residence card considered a 'relevant document'?

<p>a(iii) (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for a 'relevant document' under sub-paragraph (c)?

<p>It must not be valid for the period of residence relied upon. (A)</p> Signup and view all the answers

In which circumstances can a 'relevant document' under sub-paragraph (d) have expired?

<p>When the applicant has applied for a further relevant document based on the same family relationship. (A)</p> Signup and view all the answers

What is the essential requirement under sub-paragraph (e) for a 'relevant document' to have expired?

<p>It must have expired after the specified date and before the required date. (A)</p> Signup and view all the answers

What is the purpose of referring to the 'relevant document' in sub-paragraph (e)?

<p>To determine if a person qualifies for a frontier worker permit. (C)</p> Signup and view all the answers

Which of the following documents is NOT considered a 'relevant document' under the content provided?

<p>A passport issued by an EEA country. (B)</p> Signup and view all the answers

What are the 'EEA Regulations' referred to throughout the content?

<p>Regulations governing the rights and obligations of EEA nationals in the UK. (D)</p> Signup and view all the answers

According to the content, which of these is NOT considered a 'relevant document' for the purposes of being a frontier worker?

<p>A driver's license issued by a neighboring European country. (D)</p> Signup and view all the answers

In which of the following situations would a document issued under the 2000 or 2006 Regulations be considered a 'relevant document'?

<p>If the document was issued before the specified date. (C)</p> Signup and view all the answers

What is the purpose of the Frontier worker permit scheme as mentioned in the content?

<p>To provide guidance on how to consider whether a person qualifies for a frontier worker permit. (A)</p> Signup and view all the answers

Why did the content mention a letter from the Secretary of State, issued after 30 June 2021, confirming qualification for a document?

<p>To highlight the importance of applying for documents before specific deadlines. (A)</p> Signup and view all the answers

Flashcards

Zambrano right to reside

A legal right allowing certain non-EEA family members to reside in the UK based on their relationship with EEA citizens.

EU Settlement Scheme

A program enabling EU citizens and their families to apply for residency in the UK post-Brexit.

Application dates for Zambrano rights

Eligible applications under the Zambrano right began on 1 May 2019.

Family members of Northern Ireland

Family members of a relevant person from Northern Ireland could apply since 24 August 2020.

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Dependent relative of EEA citizen

Relatives depending on EEA citizens can apply for settled status starting 1 July 2021.

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Exempt from immigration control

Certain individuals may apply for status under EU Settlement Scheme without standard immigration checks.

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Right of abode

Indicates legal entitlement allowing a person to live in the UK without immigration restrictions.

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Applications treated as void

Applications from British or certain Commonwealth citizens under the Scheme are considered invalid.

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Indefinite Leave to Remain (ILR)

Permits residency without time restriction for applicants within the UK.

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Indefinite Leave to Enter (ILE)

Similar to ILR, but granted to applicants outside the UK.

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Pre-Settled Status

Temporary status granted for 5 years for those not yet eligible for ILR or ILE.

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Evidence Flexibility Principle

Rule allowing caseworkers to be lenient on application errors.

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Citizens’ Rights Agreements

Rights established for EEA and Swiss citizens under the Withdrawal Agreement.

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European Union (Withdrawal) Act 2018

Law that incorporates EU withdrawal terms into UK law.

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Caseworker Support

Home Office staff helping applicants improve their application submissions.

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Indefinite Leave to Enter

Permission for non-British citizens to reside in the UK without time limits.

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Lapsed Leave

When indefinite leave becomes invalid due to long absence from the UK.

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Returning Resident

Category allowing certain former residents to re-enter the UK.

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EEA Citizen

A national from a European Economic Area country, excluding British citizens.

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Relevant EEA Citizen

An EEA citizen whose status is affected by specific application dates.

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Naturalised British Citizen

A person who obtained British citizenship after birth.

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Family Member Under EEA Rules

A family member of an EEA citizen recognized for rights under the regulations.

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Appendix EU

A legal framework for residency documents for EEA citizens and family members in the UK.

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Relevant document

A letter from the Secretary of State confirming residency qualifications for family members.

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Transition period application

The timeframe during which EEA family member applications could still be made before route closure.

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Reasonable grounds for delay

Conditions under which delayed residency applications may be considered acceptable post-deadline.

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Extended family member

Includes durable partners or dependent relatives of EEA citizens applying for residency.

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Limited Leave to Remain (LLR)

Permission to stay in the UK for a specified period, subject to conditions.

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Continuous Qualifying Period

A required period for residency that is unbroken and meets specific criteria.

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Applicable Applications Date

Date after which specific applications under EU laws are considered valid (1 July 2021).

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Family Member Definition

Includes relatives who can apply for residence based on their relationship with EEA citizens.

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Northern Ireland Relevant Person

An EEA citizen considered a relevant person due to Northern Ireland connections.

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British Citizen Conditions

Criteria for family members applying by virtue of their relation to British citizens.

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Exemption from Immigration Control

Status allowing certain individuals to apply without standard immigration checks.

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Person Exempt Definition

Individuals who do not require immigration controls to enter or remain in the UK.

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Frontier Worker

A person who lives outside the UK but works there, eligible for certain rights.

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Zambrano Rights

Legal rights allowing certain non-EEA family members to reside in the UK based on their relationship with EEA citizens.

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Retained Right of Residence

The ability for family members to continue residing in the UK regardless of their EEA citizen's status.

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Application Validity Conditions

Criteria under which residency applications may become invalid or considered void.

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Sub-paragraph Guidance

Specific legal regulations detailing residency application criteria and processes.

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EEA Country

European Economic Area countries that include EU members plus Iceland, Liechtenstein, and Norway.

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Relevant Evidence

Documentation needed to prove eligibility as a frontier worker.

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Citizens’ Rights Regulations

Set of rules defining conditions for frontier workers in the UK post-Brexit.

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Continuous Residence

Requirement for frontier workers to show they have worked without interruption since a specific date.

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Refusal of Admission

When an individual is denied entry into the UK under the relevant regulations.

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Relevant Restriction Decision

A decision that prevents a frontier worker from entering or remaining in the UK.

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Biometric Residence Card

Card issued to individuals with limited leave to remain, showing their immigration status.

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Durable Partner

A stable partner of a relevant person, implying a long-term relationship.

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Family Permit

Permit allowing family members of EEA citizens to live in the UK.

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Effective Document

A document that is valid and has not expired or been revoked.

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Transitional Provisions

Special rules that apply during the transition after Brexit affecting existing residency documents.

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Specified Date

A particular date defined in regulations that affects eligibility and applications.

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Northern Ireland Family Member

Family member of a resident from Northern Ireland eligible for specific permits.

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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

  • The Home Office aims to help applicants avoid errors/omissions.

  • Caseworkers can allow supplementary evidence and remedy simple omissions.

  • Evidential flexibility will be applied where appropriate to minimize administrative burden (discretion).

  • Online guidance assists applicants.

  • The scheme accepts applications from those with Zambrano right to reside (since May 2019).

  • Scheme accepts applications from Northern Ireland family members (since August 2020) and joining family members of a relevant sponsor (since December 2020).

  • Applications possible for EEA citizen dependent relatives, and joining family members of a relevant sponsor of Northern Ireland (since July 2021.

  • Exempt individuals (diplomats, consular staff, foreign armed forces, etc.) can apply for pre-settled or settled status while exempt.

  • Applications from exempt individuals are not void.

  • Exempt people can apply after ceasing to be exempt if applying by the required date, while non-exempt family members can apply immediately.

  • British citizens (including dual nationals) and certain Commonwealth citizens are ineligible and applications are treated as void if they apply.

  • 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

  • EEA Citizen: includes nationals of specified countries (Austria, Belgium, etc), and certain British citizens and relevant naturalized British citizens under certain criteria.

  • A more detailed description of specific sub-paragraphs (e.g., family members of dual British and EEA citizens) is provided for relevant situations.

  • Additional sub-paragraphs related to the "specified date" and their application after July 1, 2021.

  • Additional eligibility conditions relevant to specific sub-paragraphs

  • Frontier workers requirements also described.

  • Relevant Document: defines the appropriate evidence needed for the EU Settlement Scheme application, depending on the circumstances and type of applicant.

  • Covers various situations including family permits, residence cards, and certificates.

  • Explanations of equivalent documents and cases where expiry may not preclude valid applications.

  • 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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