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

1 Page 1 of 236 Published for Home Office staff on 09 November 2022 EU Settlement Scheme : EU, other EEA and Swiss citizens and their family members Version Page 2 of 236 Published for Home Office staff on 09 November 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 .. 22 Relevant naturalised British citizen .. 23 family member of a dual British and EEA citizen (McCarthy cases) .. 24 Relevant person of Northern Ireland.

2 25 Specified relevant person of Northern Ireland .. 26 Person exempt from immigration control .. 26 Frontier worker .. 27 Relevant document .. 28 Letter from the Secretary of State .. 29 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 .. 31 Required date .. 31 Reasonable grounds for delay in making an application .. 32 Service of 28-day notice by Immigration Enforcement .. 36 Page 3 of 236 Published for Home Office staff on 09 November 2022 Examples of reasonable grounds .. 37 Children (including children in care and care leavers) .. 37 Example 38 Example 38 Example 38 Example 39 Physical or mental capacity and/or care or support 39 Example 40 Example 40 Serious medical condition or significant medical treatment .. 40 Example 41 Example 41 Victim of modern slavery .. 41 Example.

3 42 Abusive or controlling relationship or situation .. 42 Example .. 43 other compelling practical or compassionate reasons .. 44 Example 45 Example 46 Example 46 Exempt from immigration control .. 46 Example .. 47 Existing limited leave to enter or remain .. 47 Example .. 48 Existing indefinite leave to enter or remain .. 48 Example .. 49 Document or status under the EEA Regulations .. 49 Example .. 49 Making an application: validity .. 51 Required application process: applications made online .. 51 Required application process: applications made on paper application 51 Required proof of identity and nationality .. 52 Required proof of entitlement to apply from outside the UK .. 54 Required biometrics .. 56 Validity consideration .. 56 Void applications .. 57 Page 4 of 236 Published for Home Office staff on 09 November 2022 Certificate of application .. 57 Multiple applications .. 57 Further applications .. 59 Alternative evidence of identity and nationality or of entitlement to apply from outside the UK.

4 60 Circumstances where alternative evidence may be accepted .. 61 Document unobtainable from national authority .. 61 Document exists but cannot be produced .. 61 Refugee status or humanitarian protection .. 62 other reasons document cannot be obtained or produced .. 62 other supporting information or evidence .. 64 Irish citizens .. 65 Withdrawing an application .. 67 Requesting to withdraw an application .. 67 Requesting to withdraw online .. 67 Requesting to withdraw by post .. 67 Withdrawn applications .. 67 Date of application: original application .. 68 Confirmation of withdrawal .. 68 Travel outside the Common Travel Area .. 69 Variation of applications .. 70 Making an application: eligibility .. 71 EEA citizens .. 71 Documented right of permanent residence .. 71 Existing indefinite leave to enter or remain .. 73 Continuous qualifying period of 5 years .. 73 Ceased activity .. 74 Child under the age of 21 .. 75 Continuous qualifying period of less than 5 years.

5 78 Eligibility: family members of a relevant EEA citizen .. 79 Who can apply as a family member of a relevant EEA citizen? .. 79 Documented right of permanent residence .. 80 Existing indefinite leave to enter or remain .. 81 Continuous qualifying period of 5 years .. 82 Child under the age of 83 The relevant EEA citizen has ceased activity .. 85 Page 5 of 236 Published for Home Office staff on 09 November 2022 The relevant EEA citizen has died .. 89 A family member who has retained the right of residence .. 90 Continuous qualifying period of less than 5 years .. 93 Eligibility: joining family members of a relevant sponsor .. 95 Who can apply as a joining family member of a relevant sponsor? .. 95 Relevant sponsor .. 97 Not in the UK as a visitor .. 101 Continuous qualifying period of 5 years .. 101 Child under the age of 102 The relevant sponsor has ceased activity .. 105 The relevant sponsor has died .. 109 A family member who has retained the right of residence.

6 110 Continuous qualifying period of less than 5 years .. 113 Assessing family relationship .. 114 Spouse .. 114 Civil partner .. 115 Specified spouse or civil partner of a Swiss citizen .. 116 Durable partner .. 116 Resident in the UK by 11pm on 31 December 2020 .. 117 Joining on or after 1 January 2021 .. 118 Example .. 119 Civil partnership, durable partnership or marriage of convenience .. 120 Child under the age of 21 .. 120 Child aged 21 or over .. 123 Dependent parent .. 124 Dependency .. 124 family relationship .. 126 Dependent relative .. 126 family members who hold pre-settled status based on dependency .. 129 other evidence .. 129 family members of the people of Northern Ireland .. 136 Specified relevant person of Northern 140 family members of persons exempt from immigration control .. 140 family members of frontier workers .. 141 Applications in respect of children .. 143 Referral to Children s Services or other agencies.

7 143 Page 6 of 236 Published for Home Office staff on 09 November 2022 Requesting further information or evidence .. 144 Enquiries with the parent, guardian or other third 145 Making a referral .. 146 Deciding the application .. 146 Applicants aged over 18 and under 21 .. 147 Applications in respect of adults with mental capacity issues and/or care or support needs .. 148 Applications made on behalf of an adult with mental capacity issues and/or care or support needs .. 148 Power of Attorney .. 149 Court appointed authorisations .. 150 England and Wales: Deputy appointed by the Court of Protection .. 150 Scotland: Guardian or Intervener appointed by the Sheriff Court .. 151 Northern Ireland: Controllers appointed by the Office of Care and Protection 151 Legal guardianship .. 151 Applications made by another appropriate third party .. 151 Suitability .. 154 Qualifying residence .. 159 Continuous qualifying period .. 159 COVID-19.

8 164 Crown servants and HM Forces personnel .. 167 Crown Dependencies .. 167 Overseas 168 Automated checks .. 168 Consideration of applications: ILE or ILR .. 170 Supervening event .. 171 Permanent residence (PR) document holders .. 172 Requirements .. 172 Relevant evidence .. 173 173 Scenario 1 .. 174 Scenario 2 .. 174 Indefinite leave to enter (ILE) or indefinite leave to remain (ILR) holders .. 175 Requirements .. 175 Relevant evidence .. 175 Applicants unable to provide evidence of ILE or ILR .. 176 Page 7 of 236 Published for Home Office staff on 09 November 2022 176 Scenario 1 .. 177 Scenario 2 .. 177 Applicant has completed a continuous qualifying period of 5 years .. 178 Requirements .. 178 Relevant evidence .. 179 179 Scenario 1 .. 180 Scenario 2 .. 180 A relevant EEA citizen who has ceased activity .. 181 Requirements .. 181 Retired .. 181 Relevant evidence .. 181 Permanent incapacity .. 182 Relevant evidence.

9 182 Worker or self-employed person who has retained a place of residence .. 183 Relevant evidence .. 183 184 Scenario 1 .. 184 Scenario 2 .. 184 Scenario 3 .. 184 family member of a relevant EEA citizen who is a person who has ceased activity .. 186 Requirements .. 186 Relevant evidence .. 188 189 Scenario 1 .. 189 Scenario 2 .. 190 family member of a relevant EEA citizen who has died .. 191 Requirements .. 191 Relevant evidence .. 191 192 Scenario 1 .. 192 Scenario 2 .. 192 Child under the age of 21 of a relevant EEA citizen or of their spouse or civil partner .. 193 Page 8 of 236 Published for Home Office staff on 09 November 2022 Relevant evidence .. 195 197 Scenario 1 .. 197 Scenario 2 .. 197 family member who has retained the right of residence .. 199 Evidence about the relevant EEA citizen (or qualifying British citizen or relevant sponsor) .. 199 The relevant EEA citizen (or qualifying British citizen or relevant sponsor) has died.

10 201 Requirements .. 201 Relevant evidence .. 201 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) . 201 Requirements .. 201 Relevant evidence .. 202 A parent with custody of a child of a relevant EEA citizen or qualifying British citizen (or of their spouse or civil partner) .. 202 Requirements .. 202 Relevant evidence .. 203 The marriage or civil partnership with a relevant EEA citizen (or qualifying British citizen or relevant sponsor) has been terminated .. 203 Requirements .. 203 Relevant evidence .. 204 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 .. 207 Joining family member of a relevant sponsor who has completed a continuous qualifying period of 5 years.