EU Settlement Scheme EU, other EEA, Swiss citizens and …

1 Page 1 of 237 Published for Home Office staff on 13 April 2022 EU Settlement Scheme : EU, other EEA and Swiss citizens and their family members Version Page 2 of 237 Published for Home Office staff on 13 April 2022 Contents Contents .. 2 About this guidance .. 10 Application process .. 11 Cost of application .. 12 The best interests of a 12 Contacts .. 13 Publication .. 13 Changes from last version of this guidance .. 13 Who can apply .. 14 EEA citizen .. 15 Relevant EEA citizen .. 15 Applications made before 1 July 2021 .. 15 Applications made on or after 1 July 2021 .. 17 Islands .. 20 Irish citizen .. 20 Non-EEA citizen .. 21 Family member of a relevant EEA citizen .. 21 Relevant EEA family permit case .. 21 Joining family member of a relevant sponsor .. 23 Relevant naturalised British citizen .. 23 Family member of a dual British and EEA citizen (McCarthy cases) .. 25 Relevant person of Northern Ireland .. 26 Specified relevant person of Northern Ireland.

2 26 Person exempt from immigration control .. 27 Frontier worker .. 27 Relevant document .. 28 Letter from the Secretary of State .. 30 Specified relevant document .. 30 Family member of a qualifying British citizen .. 30 Person with, or who had, a derivative or Zambrano right to 30 Making an application: deadline .. 32 Required date .. 32 Reasonable grounds for delay in making an application .. 33 Service of 28-day notice by Immigration Enforcement .. 37 Page 3 of 237 Published for Home Office staff on 13 April 2022 Examples of reasonable grounds .. 38 Children (including children in care and care leavers) .. 38 Example 39 Example 39 Example 39 Example 40 Physical or mental capacity and/or care or support 40 Example 40 Example 41 Serious medical condition or significant medical treatment .. 41 Example 42 Example 42 Victim of modern slavery .. 42 Example .. 43 Abusive or controlling relationship or situation .. 43 Example .. 44 other compelling practical or compassionate reasons.

3 45 Example 46 Example 47 Example 47 Exempt from immigration control .. 47 Example .. 48 Existing limited leave to enter or remain .. 48 Example .. 49 Existing indefinite leave to enter or remain .. 49 Example .. 50 Document or status under the EEA Regulations .. 50 Example .. 50 Making an application: validity .. 52 Required application process: applications made online .. 52 Required application process: applications made on paper application 52 Required proof of identity and nationality .. 53 Required proof of entitlement to apply from outside the UK .. 55 Required biometrics .. 57 Validity consideration .. 57 Treating an application as void .. 58 Page 4 of 237 Published for Home Office staff on 13 April 2022 Certificate of application .. 58 Multiple applications .. 58 Further applications .. 59 Alternative evidence of identity and nationality or of entitlement to apply from outside the UK .. 61 Circumstances where alternative evidence may be accepted .. 62 Document unobtainable from national authority.

4 62 Document exists but cannot be produced .. 62 Refugee status or humanitarian protection .. 63 other reasons document cannot be obtained or produced .. 63 other supporting information or evidence .. 65 Irish citizens .. 66 Withdrawing an application .. 68 Requesting to withdraw an application .. 68 Requesting to withdraw online .. 68 Requesting to withdraw by post .. 68 Withdrawn applications .. 68 Date of application: original application .. 69 Confirmation of withdrawal .. 69 Travel outside the Common Travel Area .. 70 Variation of applications .. 71 Making an application: eligibility .. 72 EEA citizens .. 72 Documented right of permanent residence .. 72 Existing indefinite leave to enter or remain .. 74 Continuous qualifying period of 5 years .. 74 Ceased activity .. 75 Child under the age of 21 .. 76 Continuous qualifying period of less than 5 years .. 79 Eligibility: family members of a relevant EEA citizen .. 80 Who can apply as a family member of a relevant EEA citizen? .. 80 Documented right of permanent residence.

5 81 Existing indefinite leave to enter or remain .. 82 Continuous qualifying period of 5 years .. 83 Child under the age of 84 The relevant EEA citizen has ceased activity .. 86 Page 5 of 237 Published for Home Office staff on 13 April 2022 The relevant EEA citizen has died .. 90 A family member who has retained the right of residence .. 91 Continuous qualifying period of less than 5 years .. 94 Eligibility: joining family members of a relevant sponsor .. 96 Who can apply as a joining family member of a relevant sponsor? .. 96 Relevant sponsor .. 98 Not in the UK as a visitor .. 102 Continuous qualifying period of 5 years .. 103 Child under the age of 103 The relevant sponsor has ceased activity .. 107 The relevant sponsor has died .. 110 A family member who has retained the right of residence .. 111 Continuous qualifying period of less than 5 years .. 114 Assessing family relationship .. 116 Spouse .. 116 Civil partner .. 117 Specified spouse or civil partner of a Swiss citizen.

6 118 Durable partner .. 118 Resident in the UK by 11pm on 31 December 2020 .. 118 Joining on or after 1 January 2021 .. 119 Example .. 120 Civil partnership, durable partnership or marriage of convenience .. 121 Child under the age of 21 .. 121 Child aged 21 or over .. 124 Dependent parent .. 125 Dependency .. 125 Family relationship .. 127 Dependent relative .. 127 Family members who hold pre-settled status based on dependency .. 130 other evidence .. 130 Family members of the people of Northern Ireland .. 137 Specified relevant person of Northern 141 Family members of persons exempt from immigration control .. 141 Family members of frontier workers .. 142 Applications in respect of children .. 144 Referral to Children s Services or other agencies .. 144 Page 6 of 237 Published for Home Office staff on 13 April 2022 Requesting further information or evidence .. 145 Enquiries with the parent, guardian or other third 146 Making a referral .. 147 Deciding the application .. 147 Applicants aged over 18 and under 21.

7 148 Applications in respect of adults with mental capacity issues and/or care or support needs .. 149 Applications made on behalf of an adult with mental capacity issues and/or care or support needs .. 149 Power of Attorney .. 150 Court appointed authorisations .. 151 England and Wales: Deputy appointed by the Court of Protection .. 151 Scotland: Guardian or Intervener appointed by the Sheriff Court .. 152 Northern Ireland: Controllers appointed by the Office of Care and Protection 152 Legal guardianship .. 152 Applications made by another appropriate third party .. 152 Suitability .. 155 Qualifying residence .. 160 Continuous qualifying period .. 160 COVID-19 .. 165 Crown servants and HM Forces personnel .. 168 Crown Dependencies .. 168 Overseas 169 Automated checks .. 169 Consideration of applications: ILE or ILR .. 171 Supervening event .. 172 Permanent residence (PR) document holders .. 173 Requirements .. 173 Relevant evidence .. 174 174 Scenario 1 .. 175 Scenario 2 .. 175 Indefinite leave to enter (ILE) or indefinite leave to remain (ILR) holders.

8 176 Requirements .. 176 Relevant evidence .. 176 Applicants unable to provide evidence of ILE or ILR .. 177 Page 7 of 237 Published for Home Office staff on 13 April 2022 177 Scenario 1 .. 178 Scenario 2 .. 178 Applicant has completed a continuous qualifying period of 5 years .. 179 Requirements .. 179 Relevant evidence .. 180 180 Scenario 1 .. 181 Scenario 2 .. 181 A relevant EEA citizen who has ceased activity .. 182 Requirements .. 182 Retired .. 182 Relevant evidence .. 182 Permanent incapacity .. 183 Relevant evidence .. 183 Worker or self-employed person who has retained a place of residence .. 184 Relevant evidence .. 184 185 Scenario 1 .. 185 Scenario 2 .. 185 Scenario 3 .. 185 Family member of a relevant EEA citizen who is a person who has ceased activity .. 187 Requirements .. 187 Relevant evidence .. 189 190 Scenario 1 .. 190 Scenario 2 .. 191 Family member of a relevant EEA citizen who has died .. 192 Requirements .. 192 Relevant evidence .. 192 193 Scenario 1.

9 193 Scenario 2 .. 193 Child under the age of 21 of a relevant EEA citizen or of their spouse or civil partner .. 194 Page 8 of 237 Published for Home Office staff on 13 April 2022 Relevant evidence .. 196 198 Scenario 1 .. 198 Scenario 2 .. 198 Family member who has retained the right of residence .. 200 Evidence about the relevant EEA citizen (or qualifying British citizen or relevant sponsor) .. 200 The relevant EEA citizen (or qualifying British citizen or relevant sponsor) has died .. 202 Requirements .. 202 Relevant evidence .. 202 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) . 202 Requirements .. 202 Relevant evidence .. 203 A parent with custody of a child of a relevant EEA citizen or qualifying British citizen (or of their spouse or civil partner) .. 203 Requirements .. 203 Relevant evidence .. 204 The marriage or civil partnership with a relevant EEA citizen (or qualifying British citizen or relevant sponsor) has been terminated.

10 204 Requirements .. 204 Relevant evidence .. 205 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 .. 206 Requirements .. 206 Relevant evidence .. 208 Joining family member of a relevant sponsor who has completed a continuous qualifying period of 5 years .. 210 Requirements .. 210 Relevant evidence .. 210 211 Joining family member of a relevant sponsor who is a person who has ceased activity .. 212 Requirements .. 212 Relevant evidence .. 214 215 Page 9 of 237 Published for Home Office staff on 13 April 2022 Joining family member of a relevant sponsor who has died .. 216 Requirements .. 216 Relevant evidence .. 216 217 Joining family member who is a child under the age of 21 years of a relevant sponsor or of their spouse or civil partner .. 218 Requirements .. 218 Relevant evidence .. 221 222 Consideration of applications: 5 years limited leave to enter (LTE) or limited leave to remain (LTR).