EU Settlement Scheme Guidance PDF

EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members Version 26.0 Page 1 of 243 Published for Home Office staff on 16 January 2025 Contents Contents..................................................................................................................... 2 About this guidance.................................................................................................. 11 Application process............................................................................................... 13 Cost of application................................................................................................ 13 The best interests of a child.................................................................................. 13 Contacts............................................................................................................... 14 Publication............................................................................................................ 14 Changes from last version of this guidance.......................................................... 14 Who can apply......................................................................................................... 15 EEA citizen........................................................................................................... 16 Relevant EEA citizen............................................................................................ 16 Applications made before 1 July 2021.............................................................. 16 Applications made on or after 1 July 2021........................................................ 18 Irish citizen............................................................................................................ 21 Non-EEA citizen.................................................................................................... 21 Family member of a relevant EEA citizen............................................................. 22 Relevant EEA family permit case...................................................................... 22 Concession for certain children of a ‘relevant EEA family permit case’............. 23 Joining family member of a relevant sponsor....................................................... 24 Relevant naturalised British citizen....................................................................... 24 Family member of a dual British and EEA citizen (McCarthy cases).................... 26 Relevant person of Northern Ireland..................................................................... 27 Specified relevant person of Northern Ireland...................................................... 27 Person exempt from immigration control.............................................................. 28 Frontier worker...................................................................................................... 29 Relevant document............................................................................................... 29 Letter from the Secretary of State..................................................................... 31 Specified relevant document................................................................................ 31 Family member of a qualifying British citizen........................................................ 31 Person with, or who had, a derivative or Zambrano right to reside....................... 32 Making an application: validity.................................................................................. 33 Required application process: applications made online...................................... 33 Required application process: applications made on paper application form....... 33 Required proof of identity and nationality.............................................................. 34 Required proof of entitlement to apply from outside the UK................................. 34 Page 2 of 243 Published for Home Office staff on 16 January 2025 Required biometrics.............................................................................................. 35 Required date....................................................................................................... 35 Joining family members.................................................................................... 38 Reasonable grounds for delay in making an application....................................... 39 Repeat applications........................................................................................... 41 Examples of reasonable grounds......................................................................... 42 Exempt from immigration control....................................................................... 42 Example 1......................................................................................................... 43 Example 2......................................................................................................... 43 Existing limited leave to enter or remain........................................................... 43 Example............................................................................................................ 44 Indefinite leave to enter or remain held since before the end of the transition period................................................................................................................ 45 Children (including children in care and care leavers)....................................... 45 Example 1......................................................................................................... 47 Example 2......................................................................................................... 47 Physical or mental capacity and/or care or support needs................................ 47 Example 1......................................................................................................... 48 Example 2......................................................................................................... 48 Serious medical condition or significant medical treatment............................... 48 Example............................................................................................................ 50 Abusive or controlling relationship or situation.................................................. 50 Example............................................................................................................ 51 Served or serving a sentence of imprisonment................................................. 51 Example............................................................................................................ 51 Visited the UK since 31 December 2020........................................................... 52 Example............................................................................................................ 52 Circumstances which will not generally constitute reasonable grounds for delay in making an application.................................................................................... 52 Example 1......................................................................................................... 54 Example 2......................................................................................................... 54 Joining family members and specified enforcement case..................................... 55 Checking for evidence of illegal entry or irregular arrival................................... 55 Breach of deportation order.................................................................................. 56 Breach of the immigration laws............................................................................. 57 Use of deception (including deception by another person)................................... 58 Validity consideration............................................................................................ 58 Page 3 of 243 Published for Home Office staff on 16 January 2025 Not using the required paper application form.................................................. 59 Fraudulent identity document............................................................................ 59 Non-EEA passport for EEA citizen.................................................................... 59 No in-date biometric residence card as claimed............................................... 59 Biometric residence card lost, stolen or expired................................................ 60 Reasonable grounds for the delay in applying.................................................. 60 Invalid sponsor for a joining family member application.................................... 62 Void applications................................................................................................... 63 Certificate of application....................................................................................... 63 Multiple applications............................................................................................. 63 Automated conversion from pre-settled to settled status...................................... 65 Further applications.............................................................................................. 65 Alternative evidence of identity and nationality or of entitlement to apply from outside the UK...................................................................................................................... 67 Circumstances where alternative evidence may be accepted.............................. 68 Document unobtainable from national authority................................................ 68 Document exists but cannot be produced......................................................... 68 Refugee status or humanitarian protection....................................................... 69 Other reasons document cannot be obtained or produced............................... 69 Other supporting information or evidence......................................................... 71 Irish citizens...................................................................................................... 72 Withdrawing an application...................................................................................... 73 Requesting to withdraw an application................................................................. 73 Requesting to withdraw online.............................................................................. 73 Requesting to withdraw by post............................................................................ 73 Withdrawn applications......................................................................................... 73 Date of application: original application................................................................ 74 Confirmation of withdrawal................................................................................... 74 Travel outside the Common Travel Area.............................................................. 74 Variation of applications........................................................................................... 76 Making an application: eligibility............................................................................... 77 EEA citizens......................................................................................................... 77 Documented right of permanent residence....................................................... 77 Indefinite leave to enter or remain held since before the end of the transition period................................................................................................................ 79 Continuous qualifying period of 5 years............................................................ 79 Ceased activity.................................................................................................. 80 Page 4 of 243 Published for Home Office staff on 16 January 2025 Child under the age of 21..................................................................................... 81 Continuous qualifying period of less than 5 years............................................. 83 Eligibility: family members of a relevant EEA citizen................................................ 85 Who can apply as a family member of a relevant EEA citizen?............................ 85 Documented right of permanent residence....................................................... 86 Indefinite leave to enter or remain held since before the end of the transition period................................................................................................................ 87 Continuous qualifying period of 5 years............................................................ 88 Child under the age of 21.................................................................................. 89 The relevant EEA citizen has ceased activity.................................................... 91 The relevant EEA citizen has died.................................................................... 95 A family member who has retained the right of residence................................. 96 Continuous qualifying period of less than 5 years............................................. 99 Eligibility: joining family members of a relevant sponsor........................................ 102 Who can apply as a joining family member of a relevant sponsor?.................... 102 Relevant sponsor............................................................................................ 104 Not in the UK as a visitor................................................................................. 107 Continuous qualifying period of 5 years.......................................................... 108 Child under the age of 21................................................................................ 109 The relevant sponsor has ceased activity....................................................... 112 The relevant sponsor has died........................................................................ 115 A family member who has retained the right of residence............................... 116 Continuous qualifying period of less than 5 years........................................... 119 Assessing family relationship................................................................................. 122 Spouse............................................................................................................... 122 Civil partner........................................................................................................ 123 Specified spouse or civil partner of a Swiss citizen............................................. 124 Durable partner................................................................................................... 124 Resident in the UK by 11pm on 31 December 2020....................................... 125 Joining on or after 1 January 2021.................................................................. 126 Example.......................................................................................................... 127 Civil partnership, durable partnership or marriage of convenience..................... 128 Child under the age of 21................................................................................... 128 Child aged 21 or over......................................................................................... 131 Dependent parent............................................................................................... 132 Dependency.................................................................................................... 132 Family relationship.......................................................................................... 134 Page 5 of 243 Published for Home Office staff on 16 January 2025 Dependent relative.............................................................................................. 134 Family members who hold pre-settled status based on dependency................. 136 Other evidence................................................................................................... 137 Family members of the people of Northern Ireland............................................. 143 Specified relevant person of Northern Ireland................................................. 147 Family members of persons exempt from immigration control........................... 148 Family members of frontier workers.................................................................... 149 Applications in respect of children.......................................................................... 150 Referral to Children’s Services or other agencies............................................... 150 Requesting further information or evidence........................................................ 151 Enquiries with the parent, guardian or other third parties................................... 152 Making a referral................................................................................................. 153 Deciding the application...................................................................................... 153 Applicants aged over 18 and under 21............................................................... 153 Applications in respect of adults with mental capacity issues and / or care or support needs..................................................................................................................... 155 Applications made on behalf of an adult with mental capacity issues and/or care or support needs..................................................................................................... 155 Power of Attorney............................................................................................... 156 Court appointed authorisations........................................................................... 157 England and Wales: Deputy appointed by the Court of Protection................. 157 Scotland: Guardian or Intervener appointed by the Sheriff Court.................... 157 Northern Ireland: Controllers appointed by the Office of Care and Protection 158 Legal guardianship............................................................................................. 158 Applications made by another appropriate third party......................................... 158 Suitability................................................................................................................ 160 Qualifying residence............................................................................................... 165 Continuous qualifying period.............................................................................. 165 COVID-19....................................................................................................... 170 Crown servants and HM Forces personnel..................................................... 172 Crown Dependencies...................................................................................... 173 Overseas Territories........................................................................................ 173 Automated checks.............................................................................................. 174 Automated conversion from pre-settled to settled status.................................... 175 Consideration of applications: ILE or ILR............................................................... 176 Supervening event.............................................................................................. 177 Permanent residence (PR) document holders....................................................... 178 Page 6 of 243 Published for Home Office staff on 16 January 2025 Requirements..................................................................................................... 178 Relevant evidence.............................................................................................. 179 Decision.............................................................................................................. 179 Scenario 1....................................................................................................... 180 Scenario 2....................................................................................................... 180 Holders of indefinite leave to enter (ILE) or indefinite leave to remain (ILR) held since before the end of the transition period.................................................................... 181 Requirements..................................................................................................... 181 Relevant evidence.............................................................................................. 181 Applicants unable to provide evidence of ILE or ILR.......................................... 182 Decision.............................................................................................................. 183 Scenario 1....................................................................................................... 183 Scenario 2....................................................................................................... 184 Applicant has completed a continuous qualifying period of 5 years....................... 185 Requirements..................................................................................................... 185 Relevant evidence.............................................................................................. 186 Decision.............................................................................................................. 186 Scenario 1....................................................................................................... 187 Scenario 2....................................................................................................... 187 A relevant EEA citizen who has ceased activity..................................................... 188 Requirements..................................................................................................... 188 Retired................................................................................................................ 188 Relevant evidence........................................................................................... 188 Permanent incapacity......................................................................................... 189 Relevant evidence........................................................................................... 189 Worker or self-employed person who has retained a place of residence............ 190 Relevant evidence........................................................................................... 190 Decision.............................................................................................................. 191 Scenario 1....................................................................................................... 191 Scenario 2....................................................................................................... 191 Scenario 3....................................................................................................... 191 Family member of a relevant EEA citizen who is a person who has ceased activity............................................................................................................................... 193 Requirements..................................................................................................... 193 Relevant evidence........................................................................................... 195 Decision.............................................................................................................. 196 Scenario 1....................................................................................................... 196 Page 7 of 243 Published for Home Office staff on 16 January 2025 Scenario 2....................................................................................................... 196 Family member of a relevant EEA citizen who has died......................................... 198 Requirements..................................................................................................... 198 Relevant evidence........................................................................................... 198 Decision.............................................................................................................. 199 Scenario 1....................................................................................................... 199 Scenario 2....................................................................................................... 199 Child under the age of 21 of a relevant EEA citizen or of their spouse or civil partner............................................................................................................................... 200 Relevant evidence.............................................................................................. 202 Decision.............................................................................................................. 204 Scenario 1....................................................................................................... 204 Scenario 2....................................................................................................... 204 Family member who has retained the right of residence........................................ 206 Evidence about the relevant EEA citizen (or qualifying British citizen or relevant sponsor).............................................................................................................. 206 The relevant EEA citizen (or qualifying British citizen or relevant sponsor) has died............................................................................................................................ 208 Requirements.................................................................................................. 208 Relevant evidence....................................................................................... 208 A child of a relevant EEA citizen (or qualifying British citizen or relevant sponsor) who has died or ceased to reside in the UK (or of their spouse or civil partner). 208 Requirements.................................................................................................. 208 Relevant evidence....................................................................................... 209 A parent with custody of a child of a relevant EEA citizen or qualifying British citizen (or of their spouse or civil partner)........................................................... 209 Requirements.................................................................................................. 209 Relevant evidence....................................................................................... 210 The marriage or civil partnership with a relevant EEA citizen (or qualifying British citizen or relevant sponsor) has been terminated............................................... 210 Requirements.................................................................................................. 210 Relevant evidence....................................................................................... 211 A relevant family relationship with a relevant EEA citizen (or with a qualifying British citizen or relevant sponsor) has broken down permanently as a result of domestic violence or abuse................................................................................ 212 Requirements.................................................................................................. 212 Relevant evidence....................................................................................... 213 Joining family member of a relevant sponsor who has completed a continuous qualifying period of 5 years.................................................................................... 216 Page 8 of 243 Published for Home Office staff on 16 January 2025 Requirements..................................................................................................... 216 Relevant evidence........................................................................................... 216 Decision.............................................................................................................. 217 Joining family member of a relevant sponsor who is a person who has ceased activity.................................................................................................................... 218 Requirements..................................................................................................... 218 Relevant evidence........................................................................................... 220 Decision.............................................................................................................. 221 Joining family member of a relevant sponsor who has died................................... 222 Requirements..................................................................................................... 222 Relevant evidence........................................................................................... 222 Decision.............................................................................................................. 223 Joining family member who is a child under the age of 21 years of a relevant sponsor or of their spouse or civil partner............................................................................ 224 Requirements..................................................................................................... 224 Relevant evidence........................................................................................... 227 Decision.............................................................................................................. 228 Consideration of applications: 5 years’ limited leave to enter (LTE) or limited leave to remain (LTR).......................................................................................................... 229 Relevant EEA citizens and family members....................................................... 229 Relevant evidence........................................................................................... 229 Joining family members of relevant sponsors..................................................... 229 Relevant evidence........................................................................................... 230 Decision.............................................................................................................. 230 Consideration of applications: eligibility.................................................................. 232 Standard process................................................................................................ 232 Truncated process.............................................................................................. 232 All cases............................................................................................................. 233 Consideration under Annex 2 of Appendix EU....................................................... 234 Requesting further information or evidence and interviewing............................. 234 Failure to provide information or evidence or attend an interview....................... 234 Refusals................................................................................................................. 236 Evidence of residence............................................................................................ 237 Evidence required to establish residence in the UK............................................ 237 Preferred evidence of residence......................................................................... 237 Alternative evidence of residence....................................................................... 238 Cancellation, curtailment and revocation of leave to enter or remain..................... 240 Cancellation........................................................................................................ 240 Page 9 of 243 Published for Home Office staff on 16 January 2025 Curtailment......................................................................................................... 241 Revocation.......................................................................................................... 241 Right of appeal....................................................................................................... 243 Page 10 of 243 Published for Home Office staff on 16 January 2025 About this guidance This guidance tells you how, from 16 January 2025, to consider applications made under the EU Settlement Scheme (EUSS), contained in Appendix EU to the Immigration Rules. You must consider applications in line with the Immigration Rules and guidance in force at the date of decision on the application. The EU Settlement Scheme provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with the citizens’ rights agreements reached with the other European Economic Area (EEA) countries and Switzerland, for EEA and Swiss citizens resident in the UK by the end of the transition period at 11pm on 31 December 2020, and their family members, to apply for the UK immigration status which they require in order to remain here after 30 June 2021. Those agreements now have effect in UK law through the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020. The immigration status granted under the EU Settlement Scheme is either indefinite leave to enter (ILE) (where the application is made outside the UK) or indefinite leave to remain (ILR) (where the application is made within the UK) – also referred to for the purposes of the scheme as ‘settled status’ – or 5 years’ limited leave to enter (LTE) (where the application is made outside the UK) or 5 years’ limited leave to remain (LTR) (were the application is made within the UK) – also referred to as ‘pre- settled status’. Where eligibility for the EU Settlement Scheme is concerned, paragraph 1.15 of the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 states: The Home Office will work with applicants to help them avoid any errors or omissions that may impact on the application decision. Caseworkers will have scope to engage with applicants and give them a reasonable opportunity to submit supplementary evidence or remedy any deficiencies where it appears a simple omission has taken place. A principle of evidential flexibility will apply, enabling caseworkers to exercise discretion in favour of the applicant where appropriate, to minimise administrative burdens. User-friendly guidance will be available online to guide applicants through each stage of the application process. This guidance for caseworkers has been developed to support that approach. The EU Settlement Scheme will be referred to as ‘the scheme’ for the purposes of this guidance. Where this guidance refers to the ‘specified date’, this means 11pm Greenwich Mean Time (GMT) on 31 December 2020 (except where the applicant is a family member of a qualifying British citizen, or a relevant EEA family permit case, as a different date applies in respect of those groups). Page 11 of 243 Published for Home Office staff on 16 January 2025 The EU Settlement Scheme also provides a basis for certain family members of qualifying British citizens who have returned with them to the UK after living together in an EEA country or Switzerland to apply for the UK immigration status which the family member requires in order to remain here. For guidance on applications from the family member of a qualifying British citizen, including on the meaning in that context of ‘specified date’ and ‘required date’, see EU Settlement Scheme: Family member of qualifying British citizen. In the case of a relevant EEA family permit case, ‘specified date’ means, for the purposes specified in that definition, 11:59pm GMT on the date they arrived in the UK. Where this guidance refers to the ‘EEA Regulations’, it means (as defined in Annex 1 to Appendix EU): (where relevant to something done before 11pm GMT on 31 December 2020) the Immigration (European Economic Area) Regulations 2016 (as they had effect immediately before that date and time) (where relevant to something done after 11pm GMT on 31 December 2020 and before 1 July 2021) the Immigration (European Economic Area) Regulations 2016 (as, despite the revocation of those Regulations, they continued to have effect, with specified modifications, by virtue of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020) (where relevant to something done on or after 1 July 2021) the Immigration (European Economic Area) Regulations 2016 (as they had effect immediately before they were revoked and, where the context requires it, on the basis that those Regulations had not been revoked) Where this guidance refers to ‘immigration status in the UK or the Islands’, this means (as defined in Annex 1 to Appendix EU): indefinite or limited leave to enter or remain in the UK or the Islands under or outside the relevant Immigration Rules exemption from immigration control the entitlement to reside in the UK or the right of permanent residence in the UK under regulations 13 to 15 of the EEA Regulations the entitlement to reside in the Islands or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man Where this guidance refers to ‘the Islands’, this means (as defined in Annex 1 to Appendix EU): the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man Where this guidance refers to ‘the UK and Islands’, this means (as defined in Annex 1 to Appendix EU): the UK and the Islands taken together Page 12 of 243 Published for Home Office staff on 16 January 2025 Application process Applicants must apply by using the required application process. Other than for proof of their identity and nationality or entitlement to apply from outside the UK, applicants may submit a photocopy, photograph or scanned digital image of any required evidence. You can require that they submit the original document or documents where you have reasonable doubt as to the authenticity of the copy submitted. Guidance for EUSS applicants in or outside the UK affected by restrictions associated with the coronavirus (COVID-19) pandemic is available at: Coronavirus (COVID-19): EU Settlement Scheme – guidance for applicants. Please also consult operational instructions on any measures in place as a result of COVID-19, in conjunction with this guidance. Cost of application There is no fee for an application under the EU Settlement Scheme. Applicants under the scheme are not required to pay the Immigration Health Surcharge. Where the application is made within the UK, a non-EEA citizen applicant required to enrol their biometrics may be required to pay a fee to a commercial partner to do so, depending on the location of the centre they choose to use (several across the UK are free to use). The best interests of a child The duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of a child under the age of 18 in the UK, together with Article 3 of the UN Convention on the Rights of the Child, means that consideration of the child’s best interests must be a primary consideration in immigration decisions affecting them. This guidance and the Immigration Rules it covers form part of the arrangements for ensuring that we give practical effect to these obligations. Where a child or children in the UK will be affected by the decision, you must have regard to their best interests in making the decision. You must carefully consider all the information and evidence provided concerning the best interests of a child in the UK and the impact the decision may have on the child. Although the duty in section 55 only applies to children in the UK, the statutory guidance – Every Child Matters – Change for Children – provides guidance on the extent to which the spirit of the duty should be applied to children overseas. You must adhere to the spirit of the duty and make enquiries when you have reason to Page 13 of 243 Published for Home Office staff on 16 January 2025 suspect that a child may be in need of protection or safeguarding, or presents welfare needs that require attention. In some instances, international or local agreements are in place that permit or require children to be referred to the authorities of other countries and you are to abide by these and work with local agencies in order to develop arrangements that protect children and reduce the risk of trafficking and exploitation. Further guidance can be found in paragraphs 2.34 to 2.36 of the statutory guidance. For further guidance on how to deal with applications concerning children see: Applications in respect of children. Contacts If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors, then email the EEA Citizens’ Rights & Hong Kong Unit. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team. Publication Below is information on when this version of the guidance was published: version 26.0 published for Home Office staff on 16 January 2025 Changes from last version of this guidance The guidance has been updated to take account in particular of new processes under the EU Settlement Scheme for the automated conversion where possible of pre-settled status to settled status. Related content Contents Related external links Appendix EU to the Immigration Rules Immigration (European Economic Area) Regulations 2016 Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 Guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus (COVID-19) Statement of changes to the Immigration Rules: HC 217 Section 55 of the Borders, Citizenship and Immigration Act 2009 Every Child Matters – Change for Children Page 14 of 243 Published for Home Office staff on 16 January 2025 Who can apply The EU Settlement Scheme was launched at 7:00am on 30 March 2019, after several test phases. Applications from outside the UK under the EU Settlement Scheme have been possible since 7:00am on 9 April 2019. Applications under the EU Settlement Scheme by a ‘person with a Zambrano right to reside’ as defined in Annex 1 to Appendix EU have been possible since 1 May 2019. Applications under the EU Settlement Scheme by family members of a relevant person of Northern Ireland as defined in Annex 1 to Appendix EU have been possible since 24 August 2020. Applications under the EU Settlement Scheme by joining family members of a relevant sponsor as defined in Annex 1 to Appendix EU have been possible since 11:00pm on 31 December 2020. Applications under the EU Settlement Scheme by a dependent relative of a relevant European Economic Area (EEA) citizen, and joining family members of a relevant sponsor, where the relevant EEA citizen or relevant sponsor is a specified relevant person of Northern Ireland, have been possible since 1 July 2021. Where eligible, a person who is exempt from immigration control (for example, foreign diplomats, consular staff, posted members of foreign armed forces, members of staff of certain international organisations and certain family members of theirs) can apply for and be granted pre-settled or settled status under the EU Settlement Scheme whilst they remain a person exempt from immigration control. You must not treat an application to the EU Settlement Scheme from a person exempt from immigration control as void because the person is exempt. If a person applies whilst they are exempt from immigration control, you must treat them as if they were not exempt. This means you must consider the application in the same way as for other relevant EEA citizens or their family members. A person exempt from immigration control can also apply to the scheme, by the ‘required date’, once they cease to be exempt from immigration control, and in the meantime their non-exempt family members are able to apply. A person who is a British citizen, including a British citizen with dual nationality, has the right of abode in the UK, cannot be granted leave to enter or remain under the Immigration Act 1971 and therefore, if they make an application under the EU Settlement Scheme, this must be treated as void. Certain current Commonwealth citizens also have the right of abode in the UK and cannot be granted leave to enter or remain under the Immigration Act 1971. Therefore, if they make an application under the EU Settlement Scheme, this must be treated as void. Further information on the right of abode in the UK can be found at right of abode guidance. Page 15 of 243 Published for Home Office staff on 16 January 2025 A person who holds valid indefinite leave to enter or indefinite leave to remain granted under Appendix EU may not be granted indefinite leave to enter or indefinite leave to remain again under Appendix EU. Therefore, if they make an application under the EU Settlement Scheme, this must be treated as void. A person whose indefinite leave to enter or indefinite leave to remain granted under Appendix EU has lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 owing to their absence from the UK and Islands – for example, of more than 5 consecutive years where relevant circumstances covered by the 2000 Order do not apply – is not eligible for further leave under the EU Settlement Scheme. They can apply under Appendix Returning Resident to the Immigration Rules if they want to return to and settle in the UK. Further information can be found at Returning residents. EEA citizen An ‘EEA citizen’ is defined in Annex 1 to Appendix EU as a person who is (and, throughout any continuous qualifying period relied upon, was) either: under sub-paragraph (a)(i), a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland, and who, under sub-paragraph (a)(ii), is not also a British citizen under sub-paragraph (b), a relevant naturalised British citizen (see Relevant naturalised British citizen) under sub-paragraph (c), a national of a country listed in sub-paragraph (a)(i) and (where the applicant meets the criteria in paragraph 9 of Schedule 6 to the EEA Regulations as the family member (“F”) to whom that paragraph refers) a British citizen within the meaning of the person (P) to whom that paragraph refers (see Family member of a dual British and EEA citizen (McCarthy cases)) under sub-paragraph (d), a relevant person of Northern Ireland (see Family members of the people of Northern Ireland) Relevant EEA citizen Annex 1 to Appendix EU contains 2 definitions of ‘relevant EEA citizen’, depending on the date of the application under consideration. Applications made before 1 July 2021 Where, in respect of the application under consideration, the date of application by a relevant EEA citizen or their family member is before 1 July 2021, a ‘relevant EEA citizen’ is defined in Annex 1 to Appendix EU as either: under sub-paragraph (a), an EEA citizen (in accordance with sub-paragraph (a) of that definition in Annex 1 to Appendix EU) resident in the UK and Islands for a continuous qualifying period which began before the specified date Page 16 of 243 Published for Home Office staff on 16 January 2025 under sub-paragraph (b), an EEA citizen (in accordance with sub-paragraph (a) of that definition in Annex 1 to Appendix EU) who, having been resident in the UK and Islands as described above, either: o has been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, revoked or invalidated (or is being granted that leave under that paragraph of Appendix EU or under its equivalent in the Islands) o would, if they had made a valid application under Appendix EU before 1 July 2021, have been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application under sub-paragraph (c), where the applicant is a family member of a relevant naturalised British citizen, an EEA citizen in accordance with sub-paragraph (b) of the definition of EEA citizen in Annex 1 to Appendix EU under sub-paragraph (d), where the applicant is the family member (“F”) to whom paragraph 9 of Schedule 6 to the EEA Regulations refers and meets the criteria as F in that paragraph, an EEA citizen in accordance with sub- paragraph (c) of the definition in Annex 1 to Appendix EU, and either: o resident in the UK and Islands for a continuous qualifying period which began before the specified date o who, having been resident in the UK and Islands as described above and if they had made a valid application under Appendix EU before 1 July 2021, would, but for the fact that they are a British citizen, have been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application under sub-paragraph (e), where the applicant is a family member of a relevant person of Northern Ireland, an EEA citizen in accordance with sub-paragraph (d) of the definition in Annex 1 to Appendix EU and either: o resident in the UK and Islands for a continuous qualifying period which, unless they are a specified relevant person of Northern Ireland, began before the specified date o who, having been resident in the UK and Islands as described above, and where they are a relevant person of Northern Ireland in accordance with sub- paragraph (a)(ii) of the definition in Annex 1 to Appendix EU (such as an Irish citizen), either has been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, revoked or invalidated (or is being granted that leave under that paragraph of Appendix EU or under its equivalent in the Islands), or would, if they had made a valid application under Appendix EU before 1 July 2021, have been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application o who, having been resident in the UK and Islands as described above and if they had made a valid application under Appendix EU before 1 July 2021, would, but for the fact (where they are a relevant person of Northern Ireland in accordance with sub-paragraph (a)(i) or (a)(iii) of the definition in Annex 1 to Appendix EU, such as a British citizen or a British citizen and an Irish citizen) that they are a British citizen, have been granted indefinite leave to Page 17 of 243 Published for Home Office staff on 16 January 2025 enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application under sub paragraph (f), where the applicant is the family member of a person exempt from immigration control, that person is either: o resident in the UK and Islands for a continuous qualifying period which began before the specified date o a person who, having been resident in the UK and Islands as described above and if they had made a valid application under Appendix EU before 1 July 2021, would have been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application under sub-paragraph (g), where the applicant is their family member, a frontier worker For further guidance on sub-paragraph (c) please see: Relevant naturalised British citizen. For further guidance on sub-paragraph (d) please see: Family member of a dual British and EEA citizen (McCarthy cases). For further guidance on sub-paragraph (e) please see: Family members of the people of Northern Ireland. For further guidance on sub-paragraph (f) please see: Person exempt from immigration control. For further guidance on sub-paragraph (g) please see: Frontier worker. Applications made on or after 1 July 2021 Where, in respect of the application under consideration, the date of application by a relevant EEA citizen or their family member is on or after 1 July 2021, a ‘relevant EEA citizen’ is defined in Annex 1 to Appendix EU as either: under sub-paragraph (a), an EEA citizen (in accordance with sub-paragraph (a) of that definition in Annex 1 to Appendix EU) resident in the UK and Islands for a continuous qualifying period which began before the specified date; and, where the applicant is their family member, the EEA citizen, having been resident in the UK and Islands as described above, has been granted either: o indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, revoked or invalidated o limited leave to enter or remain under paragraph EU3 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, curtailed or invalidated under sub-paragraph (b), an EEA citizen (in accordance with sub-paragraph (a) of that definition in Annex 1 to Appendix EU) resident in the UK and Islands for a continuous qualifying period which began before the specified date; and, where the applicant is their family member, the EEA citizen, having been Page 18 of 243 Published for Home Office staff on 16 January 2025 resident in the UK and Islands as described above, would, if they had made a valid application under Appendix EU before 1 July 2021, have been granted: o indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application o limited leave to enter or remain under paragraph EU3 of Appendix EU, which would not have lapsed or been cancelled, curtailed or invalidated before the date of application under sub-paragraph (c), where the applicant is a family member of a person who falls within sub-paragraphs (a), (c) and (d) of the entry for ‘relevant naturalised British citizen’ in Annex 1 to Appendix EU, that relevant naturalised British citizen would, if they had made a valid application under Appendix EU before 1 July 2021, have, but for the fact that they are a British citizen, been granted: o indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application o limited leave to enter or remain under paragraph EU3 of Appendix EU, which would not have lapsed or been cancelled, curtailed or invalidated before the date of application under sub-paragraph (d), where the applicant is the family member (“F”) to whom paragraph 9 of Schedule 6 to the EEA Regulations refers and meets the criteria as F in that paragraph, an EEA citizen (in accordance with sub- paragraph (c) of that definition in Annex 1 to Appendix EU) resident in the UK and Islands for a continuous qualifying period which began before the specified date; and the EEA citizen, having been resident in the UK and Islands as described above and if they had made a valid application under Appendix EU before 1 July 2021, would, but for the fact that they are a British citizen, have been granted: o indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application o limited leave to enter or remain under paragraph EU3 of Appendix EU, which would not have lapsed or been cancelled, curtailed or invalidated before the date of application under sub-paragraph (e)(i), where the applicant is a family member of a relevant person of Northern Ireland, an EEA citizen (in accordance with sub- paragraph (d) of that definition in Annex 1 to Appendix EU) who is a relevant person of Northern Ireland in accordance with sub-paragraph (a)(ii) of the definition in Annex 1 to Appendix EU (such as an Irish citizen); and the EEA citizen, having been resident in the UK and Islands for a continuous qualifying period which began before the specified date, either: o has been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, revoked or invalidated o would have been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (if had they made a valid application under Appendix EU before 1 July 2021), which would not have lapsed or been cancelled, revoked or invalidated before the date of application Page 19 of 243 Published for Home Office staff on 16 January 2025 o has been granted limited leave to enter or remain under paragraph EU3 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, curtailed or invalidated o would have been granted limited leave to enter or remain under paragraph EU3 of Appendix EU (if had they made a valid application under Appendix EU before 1 July 2021), which would not have lapsed or been cancelled, curtailed or invalidated before the date of application under sub-paragraph (e)(ii), where the applicant is a family member of a relevant person of Northern Ireland, an EEA citizen (in accordance with sub- paragraph (d) of that definition in Annex 1 to Appendix EU) who is a relevant person of Northern Ireland in accordance with sub-paragraph (a)(i) or (a)(iii) of the definition in Annex 1 to Appendix EU (such as a British citizen or a British citizen and an Irish citizen); and the EEA citizen, having been resident in the UK and Islands for a continuous qualifying period which, unless they are a specified relevant person of Northern Ireland, began before the specified date, and if they had made a valid application under Appendix EU before 1 July 2021, would, but for the fact that they are a British citizen, have been granted either: o indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application o limited leave to enter or remain under paragraph EU3 of Appendix EU, which would not have lapsed or been cancelled, curtailed or invalidated before the date of application under sub paragraph (f), where the applicant is the family member of a person exempt from immigration control, that person was resident in the UK and Islands for a continuous qualifying period which began before the specified date; and the person, having been resident in the UK and Islands as described above and if they had made a valid application under Appendix EU before 1 July 2021, would have been granted either: o indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application o limited leave to enter or remain under paragraph EU3 of Appendix EU, which would not have lapsed or been cancelled, curtailed or invalidated before the date of application under sub-paragraph (g) where the applicant is their family member, a frontier worker In addition, in relation to sub-paragraphs (a) to (f), as described above, of the definition of ‘relevant EEA citizen’ where, in respect of the application under consideration, the date of application is on or after 1 July 2021, it will suffice that the relevant EEA citizen is (or, as the case may be, for the relevant period was) resident in the UK and Islands for a continuous qualifying period which, unless they are a specified relevant person of Northern Ireland, began before the specified date where the applicant either: is (or, as the case may be, for the relevant period was) a family member of a relevant EEA citizen or a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; and has Page 20 of 243 Published for Home Office staff on 16 January 2025 completed a continuous qualifying period of 5 years under condition 3 in rule EU11 of Appendix EU is a family member of a relevant EEA citizen or a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; and otherwise meets the eligibility requirements for limited leave to enter or remain under condition 1 in rule EU14 of Appendix EU relies on meeting condition 1, 2 or 6 in rule EU11 of Appendix EU For further guidance on sub-paragraph (c) of the definition please see: Relevant naturalised British citizen. For further guidance on sub-paragraph (d) please see: Family member of a dual British and EEA citizen (McCarthy cases). For further guidance on sub-paragraph (e) please see: Family members of the people of Northern Ireland. For further guidance on sub-paragraph (f) please see: Person exempt from immigration control. For further guidance on sub-paragraph (g) please see: Frontier worker. Irish citizen An ‘Irish citizen’ is defined in Annex 1 to Appendix EU as a person who is an Irish citizen as a matter of Irish law. Irish citizens enjoy a right of residence in the UK that is not reliant on the UK’s membership of the EU. This means that Irish citizens do not need to apply for status under the scheme. Nonetheless, Irish citizens can make an application under the scheme, should they wish to do so. Their family members (who are not Irish citizens or British citizens and who do not have leave to enter or remain in the UK) will need to make an application for status under the EU Settlement Scheme, and they can do so whether or not the Irish citizen has done so. Non-EEA citizen A non-EEA citizen is defined in Annex 1 to Appendix EU as a person who is not an EEA citizen and is not a British citizen. To apply from outside the UK, they will need to provide the ‘required proof of entitlement to apply from outside the UK’. Page 21 of 243 Published for Home Office staff on 16 January 2025 Family member of a relevant EEA citizen As set out in the definition in Annex 1 to Appendix EU of ‘family member of a relevant EEA citizen’, the categories of family member of a relevant EEA citizen who can apply are: spouse civil partner durable partner (unmarried partnership akin to marriage or civil partnership) child, grandchild or great-grandchild (including of the spouse or civil partner) dependent parent, grandparent or great-grandparent (including of the spouse or civil partner) dependent relative (including, in some cases, of the spouse or civil partner) A person can also apply: on the basis of retaining the right of residence: see a family member who has retained the right of residence as a person with a derivative right to reside as a person with a Zambrano right to reside as a family member of a qualifying British citizen To apply under the family member of a relevant EEA citizen provisions (save as a dependent relative of a specified relevant person of Northern Ireland or as a relevant EEA family permit case), an applicant must have been resident in the UK by the end of the transition period at 11pm GMT on 31 December 2020 on a basis which met the definition of ‘family member of a relevant EEA citizen’ in Annex 1 to Appendix EU and thereafter not have broken the continuity of their residence. Relevant EEA family permit case The requirement that a person applying as a family member of a relevant EEA citizen must have been resident in the UK by the end of the transition period at 11pm GMT on 31 December 2020 on a basis which met the definition of ‘family member of a relevant EEA citizen’ in Annex 1 to Appendix EU, does not apply where the applicant is a ‘relevant EEA family permit case’ as defined in Annex 1 to Appendix EU. Under that definition, a ‘relevant EEA family permit case’ is either: under sub-paragraph (a)(i), a family member of a relevant EEA citizen who is a dependent relative or a durable partner who (in either case) arrived in the UK after 11pm GMT on 31 December 2020 and by 30 June 2021 with a valid EEA family permit issued under the EEA Regulations on the basis of a valid application made under the EEA Regulations before 11pm GMT on 31 December 2020 under sub-paragraph (a)(ii), a family member of a relevant EEA citizen who is a dependent relative or (on the basis of a valid application made under the EEA Regulations before 11pm GMT on 31 December 2020) a durable partner who Page 22 of 243 Published for Home Office staff on 16 January 2025 (in either case) arrived in the UK after 11pm GMT on 31 December 2020 with an entry clearance in the form of an EU Settlement Scheme family permit granted under Appendix EU (Family Permit) on the basis they met the definition in Annex 1 to that Appendix of ‘specified EEA family permit case’ under sub-paragraph (b), a person with a derivative right to reside or a person with a Zambrano right to reside who (in either case) arrived in the UK after 11pm GMT on 31 December 2020 and by 30 June 2021 with a valid EEA family permit issued under the EEA Regulations on the basis of a valid application made under the EEA Regulations before 11pm GMT on 31 December 2020 under sub-paragraph (c), a person with a derivative right to reside or a person with a Zambrano right to reside who (in either case) arrived in the UK after 11pm GMT on 31 December 2020 with an entry clearance in the form of an EU Settlement Scheme family permit granted under Appendix EU (Family Permit) on the basis they met the definition in Annex 1 to that Appendix of ‘specified EEA family permit case’ See the EU Settlement Scheme Family Permit and Travel Permit guidance for further information. In a ‘relevant EEA family permit case’, you may consider there are reasonable grounds for the person’s delay in making their application (where they do so after the 30 June 2021 deadline applicable to them) where they apply to the EU Settlement Scheme as soon as they reasonably can (and generally within 3 months) following their arrival in the UK. Concession for certain children of a ‘relevant EEA family permit case’ An application may be made, as a family member (dependent relative) of a relevant EEA citizen, for a child of a ‘relevant EEA family permit case’ where the child was granted an EU Settlement Scheme family permit outside Appendix EU (Family Permit) to accompany their parent or parents to the UK, or join them here, and either: the child was born outside the UK before 11pm GMT on 31 December 2020 to a parent(s) who is a dependent relative who meets sub-paragraph (a) of the definition of a ‘relevant EEA family permit case’, but a valid EEA family permit application was not made for the child under the EEA Regulations before 11pm GMT on 31 December 2020 the child was born outside the UK after 11pm GMT on 31 December 2020 to a parent(s) who is a dependent relative who meets sub-paragraph (a) of the definition of a ‘relevant EEA family permit case’, so a valid EEA family permit application could not be made for the child under the EEA Regulations before 11pm GMT on 31 December 2020 In either case: they will be deemed to meet sub-paragraph (a)(i) of the definition of ‘dependent relative’ where the sponsoring person is concerned Page 23 of 243 Published for Home Office staff on 16 January 2025 the EU Settlement Scheme family permit granted to them outside Appendix EU (Family Permit) will be deemed to meet the requirement for such a document under sub-paragraph (b) of the definition of ‘dependent relative’ the specified date, in sub-paragraph (a) of the definition of ‘continuous qualifying period’ (for the purposes of the references to such a period specified in sub-paragraph (c)(i) of the definition of ‘specified date’) and sub-paragraph (e) of the definition of ‘family member of a relevant EEA citizen’, will be treated as being 11:59pm GMT on the date they arrived in the UK the application should be made as soon as reasonably practicable (and generally within 3 months) following their arrival in the UK Joining family member of a relevant sponsor As set out in the definition in Annex 1 to Appendix EU of ‘joining family member of a relevant sponsor’, the categories of joining family member of a relevant sponsor who can apply are: spouse civil partner specified spouse or civil partner of a Swiss citizen durable partner (unmarried partnership akin to marriage or civil partnership) child, grandchild or great-grandchild (including of the spouse or civil partner) dependent parent, grandparent or great-grandparent (including of the spouse or civil partner) An applicant needs to meet particular criteria to qualify under the joining family member of a relevant sponsor provisions. See Who can apply as a joining family member of a relevant sponsor for further detail. Their relationship with the relevant sponsor needs to have existed by the end of the transition period at 11pm GMT on 31 December 2020, unless they are a child, in certain circumstances, of the relevant sponsor (or of the relevant sponsor’s spouse or civil partner) or the specified spouse or civil partner of a Swiss citizen. Where a person granted pre-settled status under the EU Settlement Scheme as a joining family member of a relevant sponsor later applies for settled status and at that stage it is established by the evidence provided or otherwise available to you that they meet the requirements for settled status as a relevant EEA citizen or family member of a relevant EEA citizen (including that they were resident in the UK by the end of the transition period and maintained the required continuity of residence thereafter), they may be granted settled status on that basis instead. Relevant naturalised British citizen A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply where the relevant EEA citizen (or relevant sponsor) is a dual British and EEA citizen who exercised free movement rights in the UK prior to the acquisition of British citizenship and who retained their EEA nationality of origin after acquiring British citizenship. This reflects the Court of Justice of the European Union (CJEU) judgment in Lounes. Page 24 of 243 Published for Home Office staff on 16 January 2025 Such a ‘relevant naturalised British citizen’ is defined in Annex 1 to Appendix EU as either: under sub-paragraph (a), an EEA citizen (in accordance with sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU) resident in the UK and Islands for a continuous qualifying period which began before the specified date under sub-paragraph (b), an EEA citizen (in accordance with sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU) who, having been resident in the UK and Islands as described above and if they had made a valid application under Appendix EU before 1 July 2021, would, but for the fact that they are a British citizen, have been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, which would not have lapsed or been cancelled, revoked or invalidated before the date of application And, in addition, in either case the person also both: under sub-paragraph (c), comes within paragraph (b) of the definition of “EEA national” in regulation 2(1) of the EEA Regulations under sub-paragraph (d), meets the criteria contained in regulation 9A(2) or 9A(3) as the dual national (“DN”) to whom those provisions refer (save for the requirement in regulation 4(1)(c)(ii) and (d)(ii) of the EEA Regulations for comprehensive sickness insurance cover in the UK and regardless of whether, save in conditions 5 and 6 in the table in paragraph EU11 of Appendix EU and in conditions 2 and 3 in the table in paragraph EU11A, they otherwise remained a qualified person under regulation 6 of the EEA Regulations after they acquired British citizenship) To make a valid application, a family member of a relevant naturalised British citizen must apply using the relevant paper application form. In considering such an application, before assessing the family relationship, you must first be satisfied that the person on whom the applicant is relying as being a relevant EEA citizen is a relevant naturalised British citizen in accordance with the definition in Annex 1 to Appendix EU. You must be satisfied that that person: has acquired British citizenship, for example, by the provision of a valid UK passport or naturalisation certificate was an EEA citizen prior to also becoming a British citizen, for example, by the provision of an EEA passport or national identity card issued before they naturalised as a British citizen has retained their EEA nationality, for example, by the provision of a valid EEA passport or national identity card And, in respect of the criteria in regulation 9A(2) or 9A(3) of the EEA Regulations, you must be satisfied that the person either: Page 25 of 243 Published for Home Office staff on 16 January 2025 was a ‘qualified person’ under regulation 6(1) of the EEA Regulations at the time they acquired British citizenship and, where the applicant relies on meeting condition 5 or 6 in rule EU11 of Appendix EU or condition 2 or 3 in rule EU11A, has not lost the status of qualified person since they acquired British citizenship (see EEA Nationals: Qualified Persons) had acquired a right of permanent residence in the UK at the time they acquired British citizenship (see ‘Right to permanent residence for qualified persons section’ in EEA Nationals: Qualified Persons) If the applicant does not provide sufficient evidence that the person is a naturalised British citizen, you must check other information available, for example, information or a scanned copy of the person’s British passport held on Home Office records, before you contact the applicant to request they provide further evidence. Where you are satisfied that the person is a relevant naturalised British citizen, you must then consider the application as if it were from the family member of a relevant EEA citizen. See: Assessing family relationship. Family member of a dual British and EEA citizen (McCarthy cases) The CJEU judgment in McCarthy in 2011 found that a person who holds the nationality of the host EEA Member State (regardless of whether or not they hold dual nationality with another EEA Member State) and has never exercised their right of free movement does not benefit, and nor do their family members, from rights of residence under the Free Movement Directive. Transitional provisions were made in 2012 – which are now reflected in paragraph 9 of Schedule 6 to the EEA Regulations – to enable certain family members affected by the judgment to retain or obtain a residence document enabling them to remain in the UK. They will be either: a person who on 16 July 2012 had the right of permanent residence in the UK under the EEA Regulations 2006 a person residing in the UK on 16 July 2012 as the family member of a dual British and EEA citizen, and who held a valid registration certificate or residence card confirming this right on 16 October 2012 - they continue to be treated under the EEA Regulations as the family member of an EEA citizen for as long as they continue to be the family member of that dual national - this also applies where a person had a right of residence on this basis on 16 July 2012 and had submitted an application for a document confirming this right on or before 16 October 2012 which had not been determined by that date (or which had been refused and was then successfully appealed): they continue to have such a right where a document was subsequently issued on the basis of that application (or that appeal) a person who submitted an application for an EEA family permit as the family member of a dual British and EEA citizen before 16 July 2012, where the application resulted in an EEA family permit being issued (including where this document was issued following a successful appeal) and the person travelled Page 26 of 243 Published for Home Office staff on 16 January 2025 to the UK within the 6 month validity period of that EEA family permit - they continue to be treated under the EEA Regulations as the family member of an EEA citizen for as long as they continue to be the family member of that dual national - they do not need to have applied for further confirmation of a right of residence in the UK By virtue of sub-paragraph (d) of the applicable definition of ‘relevant EEA citizen’ in Annex 1 to Appendix EU (and of sub-paragraph (c)(ii) of the definition there of ‘EEA citizen’), such a person may be eligible for settled status or pre-settled status under Appendix EU as the family member of a relevant EEA citizen, where the other relevant requirements of that category are met. Relevant person of Northern Ireland A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply where the relevant EEA citizen (or relevant sponsor) is a relevant person of Northern Ireland (as defined in Annex 1 to Appendix EU). A ‘relevant person of Northern Ireland’ is a person who both: is either: o a British citizen o an Irish citizen o a British citizen and an Irish citizen was born in Northern Ireland and, at the time of the person’s birth, at least one of their parents was either: o a British citizen o an Irish citizen o a British citizen and an Irish citizen otherwise entitled to reside in Northern Ireland without any restriction on their period of residence Specified relevant person of Northern Ireland From 1 July 2021, there is provision under Appendix EU for a dependent relative of a relevant EEA citizen, or for a joining family member of a relevant sponsor, to apply under the scheme where the relevant EEA citizen (or relevant sponsor) is a ‘specified relevant person of Northern Ireland’ (as defined in Annex 1 to Appendix EU). This is a person who is a relevant person of Northern Ireland in accordance with sub-paragraph (a)(i) or (a)(iii) of that definition in Annex 1 (such as they are a British citizen or a dual British and Irish citizen) and both: the applicant is a non-EEA citizen the applicant is either: o a joining family member of a relevant sponsor, where the person is their relevant sponsor and the applicant has satisfied you by relevant information or evidence provided with the application that, due to compelling practical or compassionate reasons, it was not possible for the person to return to the UK before the specified date while the applicant remained outside the UK Page 27 of 243 Published for Home Office staff on 16 January 2025 o a dependent relative and the person is their sponsoring person (in the definition of ‘dependent relative’ in Annex 1 to Appendix EU) and the applicant relies, as their relevant document as the dependent relative of their sponsoring person (as described in sub-paragraph (a)(iv) of the definition of ‘relevant document’ in Annex 1 to Appendix EU), on an EU Settlement Scheme Family Permit granted to them under Appendix EU (Family Permit) as a ‘dependent relative of a specified relevant person of Northern Ireland’, as defined in Annex 1 to that Appendix Person exempt from immigration control A ‘person exempt from immigration control’ is defined in Annex 1 to Appendix EU as a person who is: a national of an EEA country or Switzerland not a British citizen exempt from immigration control in accordance with section 8(2), (3) or (4) of the Immigration Act 1971 Where eligible, a person who is exempt from immigration control (for example, foreign diplomats, consular staff, posted members of foreign armed forces, members of staff of certain international organisations and certain family members of theirs) can apply for and be granted pre-settled or settled status under the EU Settlement Scheme whilst they remain a person exempt from immigration control. Their exemption from immigration control will continue to operate for the purposes of entry to and residence in the UK. However, a grant of pre-settled or settled status under the EUSS will enable them to access their rights under the Citizens’ Rights Agreements from the date status is granted. You must not treat an application to the EU Settlement Scheme from a person exempt from immigration control as void because the person is exempt. If a person applies whilst they are exempt from immigration control, you must treat them as if they were not exempt. This means you must consider the application in the same way as for other relevant EEA citizens or their family members. A person exempt from immigration control can apply to the EU Settlement Scheme whilst they are exempt, or they can wait and apply within 90 days of the date on which they cease to be exempt (or later if they have reasonable grounds for missing that deadline). The relevant family members of a person exempt from immigration control are able to apply, regardless of whether the person exempt from immigration control has obtained EU Settlement Scheme status and regardless of whether that family member is also exempt. They can apply under the family member of a relevant EEA citizen provisions (if they were resident by 11pm GMT on 31 December 2020 on a basis which met the definition of ‘family member of a relevant EEA citizen’ in Annex 1 to Appendix EU and thereafter have not broken the continuity of their residence) or where eligible as a joining family member. Page 28 of 243 Published for Home Office staff on 16 January 2025 See Persons exempt from control for further guidance. Frontier worker A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply where the relevant EEA citizen (or relevant sponsor) is a frontier worker (as defined in Annex 1 to Appendix EU). A frontier worker is a person who: is a national of an EEA country or Switzerland is not a British citizen satisfies the Secretary of State by relevant evidence of this that they fulfil the relevant conditions of being a frontier worker set out in the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and that they have done so continuously since the specified date has not been (and is not to be) refused admission to, or removed from, the UK by virtue of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and is not subject to a relevant restriction decision as defined by regulation 2 of those Regulations See Frontier worker permit scheme for guidance about how to consider whether a person qualifies for a frontier worker permit issued under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020. Relevant document Where this guidance makes reference to a ‘relevant document’ it means (as defined in Annex 1 to Appendix EU) either: under sub-paragraph (a)(i)(aa), a family permit, registration certificate, residence card, document certifying permanent residence, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made under the EEA Regulations before the specified date or, in the case of a family permit (where the applicant is not a dependent relative), before 1 July 2021 (or, in any case, a letter from the Secretary of State, issued after 30 June 2021, confirming their qualification for such a document, had the route not closed after 30 June 2021) under sub-paragraph (a)(i)(bb) (where the applicant is a family member of a relevant person of Northern Ireland and is a dependent relative or durable partner), other evidence which satisfies the Secretary of State of the same matters under Appendix EU concerning the relationship and (where relevant) dependency as a document listed in sub-paragraph (a)(i)(aa); for the purposes of this provision, where the Secretary of State is so satisfied, such evidence is deemed to be the equivalent of a document to which sub-paragraph (a)(i)(aa) refers under sub-paragraph (a)(ii), a document or other evidence equivalent to a document to which sub-paragraph (a)(i)(aa) refers, and issued by the Islands under the relevant legislation there evidencing the entitlement to enter or reside in the Islands or the right of permanent residence in the Islands, through the Page 29 of 243 Published for Home Office staff on 16 January 2025 application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man under sub-paragraph (a)(iii), a biometric residence card issued by virtue of having been granted limited leave to enter or remain under Appendix EU under sub-paragraph (a)(iv), an entry clearance in the form of an EU Settlement Scheme Family Permit granted under or outside Appendix EU (Family Permit) And, in addition, the document: under sub-paragraph (b), was not subsequently revoked, or fell to be so, because the relationship or dependency had never existed or the relationship or (where relevant) dependency had ceased under sub-paragraph (c) (subject to sub-paragraphs (d) and (e)), has not expired or otherwise ceased to be effective, or which remained valid for the period of residence relied upon under sub-paragraph (d), for the purposes of the reference to ‘relevant document’ in the first sub-paragraph (b) of the definition of ‘dependent relative’ in Annex 1 to Appendix EU, in sub-paragraph (b)(i) of the definition there of ‘durable partner’, and in sub-paragraphs (e) and (f) of the definition there of ‘required evidence of family relationship’, the relevant document may have expired, where both of the following apply: o before it expired, the applicant applied for a further relevant document (as described above in relation to sub-paragraph (a)(i)(aa) or (a)(iii)) on the basis of the same family relationship as that on which that earlier relevant document was issued o that further relevant document was issued by the date of decision on the application under Appendix EU under sub-paragraph (e), the relevant document may have expired where all of the following apply: o it is a family permit (as described under sub-paragraph (a)(i)(aa) summarised above) or an equivalent document or other evidence issued by the Islands (as described under sub-paragraph (a)(ii) summarised above) o it expired after the specified date and before the required date o the applicant arrived in the UK before 1 July 2021 and (unless they are a durable partner or dependent relative) after the specified date Under transitional provisions in the EEA Regulations, a document issued under the 2000 or 2006 Regulations is to be treated as though issued under the EEA Regulations 2016. Where Appendix EU requires 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, it does not matter that the person concerned no longer has the right to enter or reside under the EEA Regulations (or under the equivalent provision in the Islands), on which basis the document, card or other evidence was issued, by virtue of the revocation of those Regulations (or equivalent provision in the Islands). Page 30 of 243 Published for Home Office staff on 16 January 2025 Letter from the Secretary of State The requirement that a person applying as a family member of a relevant EEA citizen hold a relevant document can be met by way of a letter from the Secretary of State, issued after 30 June 2021, confirming their qualification for a document under the EEA Regulations, had the route not closed after 30 June 2021. For example, where an extended family member (a durable partner or dependent relative, as defined in Annex 1 to Appendix EU) in the UK, who applied before the end of the transition period at 11pm on 31 December 2020 for a residence card under the EEA Regulations, would have been issued with one (including on appeal) but for the closure of that route after 30 June 2021. The applicant must continue to meet all other relevant requirements under Appendix EU to qualify for status under the EU Settlement Scheme. In the case of an applicant relying on such a letter, you may consider there are reasonable grounds for the person’s delay in making their application (where they do so after the 30 June 2021 deadline applicable to them) where they apply to the EU Settlement Scheme as soon as they reasonably can (and generally within 3 months) of receiving the letter. Specified relevant document Where this guidance makes reference to a ‘specified relevant document’, it means, as defined in Annex 1 to Appendix EU, either: within the meaning of sub-paragraph (a)(i)(aa) of the definition of ‘relevant document’, a residence card, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made on or after 6 April 2015, which means that it is a biometric residence card a biometric residence card (as described in sub-paragraph (a)(iii) of the definition of ‘relevant document’) issued by virtue of having been granted limited leave to enter or remain under Appendix EU Family member of a qualifying British citizen For guidance on a ‘family member of a qualifying British citizen’, see EU Settlement Scheme: family member of a qualifying British citizen. This route under the scheme closed at 11:59pm on 8 August 2023 to new applications from those without status under it, except where they have been granted an EU Settlement Scheme family permit as such a family member. If so, they can apply under the scheme before the expiry of the leave to enter granted to them by virtue of having arrived in the UK with that entry clearance or after the expiry of that leave to enter where there are reasonable grounds for their delay in making their application. Page 31 of 243 Published for Home Office staff on 16 January 2025 Person with, or who had, a derivative or Zambrano right to reside For guidance on a ‘person with a derivative right to reside’ (Chen and Ibrahim/Teixeira cases), see EU Settlement Scheme: derivative right to reside. For guidance on a ‘person with a Zambrano right to reside’, see EU Settlement Scheme: person with a Zambrano right to reside. Guidance on a ‘person who had a derivative or Zambrano right to reside’ is also provided in those documents. The ‘person with a Zambrano right to reside’ route under the scheme closed at 11:59pm on 8 August 2023 to new applications from those without status under it, except where they have been granted an EU Settlement Scheme family permit as a ‘specified EEA family permit case’ on that basis. If so, they can apply under the scheme before the expiry of the leave to enter granted to them by virtue of having arrived in the UK with that entry clearance or after the expiry of that leave to enter where there are reasonable grounds for their delay in making their application. Related content Contents Persons exempt from control Frontier worker permit scheme caseworker guidance EU Settlement Scheme: family permits Related external links Appendix EU to the Immigration Rules EU Settlement Scheme: family and travel permits Immigration (European Economic Area) Regulations 2016 Lounes (C-165/16) Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 Chen and Ibrahim/Teixeira cases Page 32 of 243 Published for Home Office staff on 16 January 2025 Making an application: validity This section tells you how to check an application is valid under rule EU9 of Appendix EU. You must check all of the following: it has been made using the required application process the required proof of identity and nationality has been provided, where the application is made within the UK the required proof of entitlement to apply from outside the UK has been provided, where the application is made outside the UK the required biometrics have been provided it has been made by the required date, where the date of application is on or after 9 August 2023 the applicant, if they rely on being a joining family member of a relevant sponsor and where the date of application is on or after 9 August 2023, is not a specified enforcement case Required application process: applications made online Applicants must apply by using the relevant online application form, unless they are required or have been permitted to use a paper application form, and must follow the relevant process set out in that online application form for: providing the required proof of identity and nationality or (as the case may be) the required proof of entitlement to apply from outside the UK providing the required biometrics Required application process: applications made on paper application form Applicants must apply using either: the required paper application form where this is mandated on GOV.UK a paper application form where this has been issued individually to the applicant by the Secretary of State, via the relevant process for this set out on GOV.UK In both cases, the applicant must follow the relevant process set out in that form for: providing the required proof of identity and nationality or the required proof of entitlement to apply from outside the UK providing the required biometrics The required paper application form must be the most recent version of that form. Where the applicant applies using an older version of the required paper application form, the transitional arrangements set out in paragraph 34Y of Part 1 of the Immigration Rules apply. This means that where an application is made on the previous version of the specified form, no more than 21 days after the date on which Page 33 of 243 Published for Home Office staff on 16 January 2025 the new version of the specified form is issued, the application will be deemed to have been made on the correct form. Where the applicant applies using a paper application form, it must be sent by pre- paid post or courier to the Home Office address specified on the form (where one is specified), or by email to the Home Office email address specified on the form (where one is specified). Required proof of identity and nationality For a European Economic Area (EEA) citizen making an application within the UK, this will be their valid passport or valid national identity card. For a non-EEA citizen making an application within the UK, this will be their valid passport, valid specified relevant document (their biometric residence card) or valid biometric immigration document (a

EU Settlement Scheme Guidance PDF

Document Details

Tags

Related

Summary

Full Transcript