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Definitions in Appendix EU

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:11 am

APP EU11
required date

  • (a) where the applicant does not have indefinite leave to enter or remain or limited leave to enter or remain granted under this Appendix:
    • (i) (where sub-paragraphs (a)(ii) to (a)(vii) below do not apply) the date of application is:
      • (aa) before 1 July 2021; or
      • (bb) (where the deadline in sub-paragraph (a)(i)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) on or after 1 July 2021; or
    • (ii) (where the applicant relies on being a joining family member of a relevant sponsor and the applicant arrived in the UK on or after 1 April 2021, and where sub-paragraph (a)(iii), (a)(viii) or (a)(ix) below does not apply, or the applicant relies on being a child born in the UK on or after 1 April 2021 or adopted in the UK on or after that date in accordance with a relevant adoption decision, or on becoming on or after 1 April 2021 a child in the UK within the meaning of the entry for ‘child’ in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry) the date of application is:
      • (aa) within three months of the date on which they arrived in the UK (or, as the case may be, of the date on which they were born in the UK, adopted in the UK or became a child in the UK within the meaning of the entry for ‘child’ in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); or
      • (bb) (where the deadline in sub-paragraph (a)(ii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or
      (iii) (where the applicant relies on being a joining family member of a relevant sponsor as described in sub-paragraph (b) of that entry in this table and the applicant arrived in the UK on or after 1 April 2021, and where sub-paragraph (a)(viii) or (a)(ix) below does not apply) the date of application is:
      • (aa) within three months of the date on which they arrived in the UK, and before 1 January 2026; or
      • (bb) (where the deadline in sub-paragraph (a)(iii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or
    • (iv) (where the applicant relies on being a family member of a qualifying British citizen and sub-paragraph (a)(v) below does not apply) the date of application is before 9 August 2023; or
    • (v) (where the applicant relies on being a family member of a qualifying British citizen, and has, or as the case may be had, leave to enter granted by virtue of having arrived in the UK with an entry clearance in the form of an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit) to these Rules on the basis they met the definition of ‘family member of a qualifying British citizen’ in Annex 1 to that Appendix, and that leave has, or had, not been cancelled, curtailed or invalidated) the date of application is:
      • (aa) before the date of expiry of that leave; or
      • (bb) (where the deadline in sub-paragraph (a)(v)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after the date of expiry of that leave; or
    • (vi) (where the applicant relies on being a person with a Zambrano right to reside and sub-paragraph (a)(vii) below does not apply) the date of application is before 9 August 2023; or
    • (vii) (where the applicant relies on being a person with a Zambrano right to reside, and has, or as the case may be had, leave to enter granted by virtue of having arrived in the UK with an entry clearance in the form of an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit) to these Rules on the basis they met sub-paragraph (a)(ii) of the definition of ‘specified EEA family permit case’ in Annex 1 to that Appendix, and that leave has, or had, not been cancelled, curtailed or invalidated) the date of application is:
      • (aa) before the date of expiry of that leave; or
      • (bb) (where the deadline in sub-paragraph (a)(vii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after the date of expiry of that leave; or
      (viii) (in the case of an applicant to whom the deadline in sub- paragraph (a)(i)(aa), (a)(ii)(aa) or (a)(iii)(aa) above applies, who has, or had, limited leave to enter or remain granted under another part of these Rules, outside the Immigration Rules or by virtue of having arrived in the UK with an entry clearance that was granted under Appendix EU (Family Permit) to these Rules, which has, or had, not lapsed or been cancelled, curtailed or invalidated, and the date of expiry of that leave is, or was, on or after 1 July 2021, the Secretary of State will deem that to be reasonable grounds for the person’s failure to meet that deadline), so that the date of application is:
      • (aa) before the date of expiry of that leave; or
      • (bb) (where the deadline in sub-paragraph (a)(viii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after the date of expiry of that leave; or
    • (ix) (in the case of an applicant to whom the deadline in sub- paragraph (a)(i)(aa), (a)(ii)(aa) or (a)(iii)(aa) above applies, who ceases to be exempt from immigration control in accordance with section 8(2), (3) or (4) of the Immigration Act 1971 on or after 1 July 2021, which the Secretary of State will deem to be reasonable grounds for the person’s failure to meet that deadline), the date of application is:
      • (aa) within the period of 90 days beginning on the day on which they ceased to be exempt from immigration control; or
      • (bb) (where the deadline in sub-paragraph (a)(ix)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or
  • (b) where the applicant has, or as the case may be had, limited leave to enter or remain granted under this Appendix, which has, or had, not lapsed or been cancelled, curtailed or invalidated, the date of application is any date
in addition:
  • (a) for the avoidance of doubt, paragraph 39E of these Rules does not apply to applications made under this Appendix; and
  • (b) the deadline in sub-paragraph (a)(i)(aa) above does not apply (and the applicant therefore has to meet no requirement under sub-paragraph (a) above) where the applicant:
    • (i) is a joining family member of a relevant sponsor; and
    • (ii) does not have indefinite leave to enter or remain or limited leave to enter or remain granted under this Appendix; and
    • (iii) is not caught by the deadline in sub-paragraph (a)(ii)(aa) or (a)(iii)(aa) above; and
    • (iv) does not fall within sub-paragraph (a)(viii) or (a)(ix) above
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:14 am

required evidence of being a relevant person of Northern Ireland
  • (a) the person’s birth certificate showing that they were born in Northern Ireland, or their passport where this shows that they were born in Northern Ireland; and
  • (b) evidence which satisfies the Secretary of State that, at the time of the person’s birth, at least one of their parents was:
    • (i) a British citizen; or
    • (ii) an Irish citizen; or
    • (iii) a British citizen and an Irish citizen; or
    • (iv) otherwise entitled to reside in Northern Ireland without any restriction on their period of residence
in addition:
  • (a) where, in order to meet the requirements of this entry, the applicant submits a copy (and not the original) of a document (including by uploading this as part of the required application process), the Secretary of State can require the applicant to submit the original document where the Secretary of State has reasonable doubt as to the authenticity of the copy submitted; and
  • (b) where, in order to meet the requirements of this entry, the applicant submits a document which is not in English, the Secretary of State can require the applicant to provide a certified English translation of (or a Multilingual Standard Form to accompany) the document, where this is necessary for the purposes of deciding whether the applicant meets the eligibility requirements for indefinite leave to enter or remain or for limited leave to enter or remain under this Appendix
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:27 am

required evidence of family relationship
in the case of:
  • (a) a spouse without a documented right of permanent residence:
    • (i) a relevant document as the spouse of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor), or a valid document of record of a marriage recognised under the law of England and Wales, Scotland or Northern Ireland or of the Islands; and
    • (ii)
      • (aa) where the marriage to the relevant EEA citizen (or, as the case may be, the relevant sponsor) was contracted after the specified date and the applicant is not the specified spouse or civil partner of a Swiss citizen, a relevant document as the durable partner of the relevant EEA citizen or, where the applicant is the joining family member of a relevant sponsor or relies on the relevant EEA citizen being a relevant person of Northern Ireland, there is evidence which satisfies the Secretary of State that the durable partnership was formed and was durable before the specified date; or
      • (bb) where the marriage to the qualifying British citizen was contracted after the date and time of withdrawal, evidence which satisfies the Secretary of State that the durable partnership was formed and was durable before the date and time of withdrawal; or
  • (b) a civil partner without a documented right of permanent residence:
    • (i) a relevant document as the civil partner of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor); a valid civil partnership certificate recognised under the law of England and Wales, Scotland or Northern Ireland or under any equivalent legislation in the Islands; or the valid overseas registration document for a relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004 or under any equivalent legislation in the Islands; and
    • (ii)
      • (aa) where the civil partnership with the relevant EEA citizen (or, as the case may be, the relevant sponsor) was formed after the specified date and the applicant is not the specified spouse or civil partner of a Swiss citizen, a relevant document as the durable partner of the relevant EEA citizen or, where the applicant is a joining family member of a relevant sponsor or relies on the relevant EEA citizen being a relevant person of Northern Ireland, there is evidence which satisfies the Secretary of State that the durable partnership was formed and was durable before the specified date; or
      • (bb) where the civil partnership with the qualifying British citizen was formed after the date and time of withdrawal, evidence which satisfies the Secretary of State that the durable partnership was formed and was durable before the date and time of withdrawal; or
  • (c) a child without a documented right of permanent residence – a relevant document issued on the basis of the relevant family relationship or their evidence of birth, and:
    • (i) where the applicant is aged 21 years or over and was not previously granted limited leave to enter or remain under this Appendix (or under its equivalent in the Islands) as a child, evidence which satisfies the Secretary of State that the requirements in sub-paragraph (b)(ii) of the entry for ‘child’ in this table are met; and
    • (ii) where, in the case of a joining family member of a relevant sponsor, the applicant is a child born after the specified date or adopted after that date in accordance with a relevant adoption decision, or after the specified date became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry, evidence which satisfies the Secretary of State that the requirements in the second sub-paragraph (c) (as set out in sub-paragraph (i), (ii) or (iii) of that sub-paragraph) or in the second sub-paragraph (d) of the entry for ‘joining family member of a relevant sponsor’ in this table are met; or
  • (d) a dependent parent without a documented right of permanent residence – a relevant document issued on the basis of the relevant family relationship or their evidence of birth, and, where the first sub-paragraph (b) of the entry for ‘dependent parent’ in this table applies, evidence which satisfies the Secretary of State that (where this is not assumed) the requirement as to dependency in that sub-paragraph is met; or
  • (e) a durable partner:
    • (i) a relevant document as the durable partner of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) and, unless this confirms the right of permanent residence in the UK under regulation 15 of the EEA Regulations (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), evidence which satisfies the Secretary of State that the partnership remains durable at the date of application (or did so for the period of residence relied upon); or
    • (ii) (where the person is applying as the 'durable partner’ of a relevant sponsor (or, as the case may be, of a qualifying British citizen) and sub-paragraph (b)(ii) of the entry for ‘durable partner’ in this table applies) the evidence to which that sub-paragraph refers, and evidence which satisfies the Secretary of State that the partnership remains durable at the date of application (or did so for the period of residence relied upon); or
  • (f) a dependent relative:
    • (i) (where sub-paragraph (f)(ii) below does not apply) a relevant document as the dependent relative of their sponsoring person (in the entry for ‘dependent relative’ in this table) and, unless this confirms the right of permanent residence in the UK under regulation 15 of the EEA Regulations (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), evidence which satisfies the Secretary of State that the relationship and the dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continue to exist at the date of application (or did so for the period of residence relied upon); or
    • (ii) (in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(viii) of that entry in this table, where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline to which that sub-paragraph refers) evidence which satisfies the Secretary of State that the relationship and the dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) existed before the specified date and continue to exist at the date of application (or did so for the period of residence relied upon)
in addition:
  • (a) where the eligibility requirements to be met for leave to be granted under this Appendix relate to the death of a person, the required evidence of family relationship must include their death certificate or other evidence which the Secretary of State is satisfied evidences the death; and
  • (b) where the applicant is a non-EEA citizen without a documented right of permanent residence, or is an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) without a documented right of permanent residence who relies on being (or, as the case may be, for the relevant period on having been) a family member of a qualifying British citizen (or, as the case may be, a family member of a relevant EEA citizen, a family member who has retained the right of residence or a joining family member of a relevant sponsor), the required evidence of family relationship must include:
    • (i) the following proof of identity and nationality of (as the case may be) the relevant EEA citizen, the qualifying British citizen or the relevant sponsor, of whom the applicant is (or, as the case may be, for the relevant period was) a family member or (as the case may be) a joining family member:
      • (aa) (in the case of a relevant EEA citizen who is neither a relevant naturalised British citizen nor a relevant EEA citizen as described in sub-paragraph (d) of the applicable entry in this table nor relied on by the applicant as being a relevant person of Northern Ireland, in the case of a qualifying British citizen, or in the case of a relevant sponsor who is neither a relevant naturalised British citizen nor relied on by the applicant as being a relevant person of Northern Ireland) their valid passport; or
      • (bb) (in the case of a relevant EEA citizen who is neither a relevant naturalised British citizen nor a relevant EEA citizen as described in sub-paragraph (d) of the applicable entry in this table nor relied on by the applicant as being a relevant person of Northern Ireland, or in the case of a relevant sponsor who is neither a relevant naturalised British citizen nor relied on by the applicant as being a relevant person of Northern Ireland) their valid national identity card or confirmation that they have been or are being granted indefinite leave to enter or remain under paragraph EU2 of this Appendix or limited leave to enter or remain under paragraph EU3; or
      • (cc) (in the case of a relevant EEA citizen who is a relevant naturalised British citizen or who is a relevant EEA citizen as described in sub-paragraph (d) of the applicable entry in this table, or in the case of a relevant sponsor who is a relevant naturalised British citizen) their valid passport or their valid national identity card as a national of a country listed in sub-paragraph (a)(i) in the entry for ‘EEA citizen’ in this table, and information or evidence which is provided by the applicant, or is otherwise available to the Secretary of State, which satisfies the Secretary of State that the person is a British citizen; or
      • (dd) (in the case of a relevant EEA citizen or a relevant sponsor who, in either case, is relied on by the applicant as being a relevant person of Northern Ireland) the required evidence of being a relevant person of Northern Ireland, and:
        • (aaa) (where they are a British citizen) information or evidence which is provided by the applicant, or is otherwise available to the Secretary of State, which satisfies the Secretary of State that the person is a British citizen; or
        • (bbb) (where they are an Irish citizen) their valid passport or their valid national identity card as an Irish citizen, or confirmation that they have been or are being granted indefinite leave to enter or remain under paragraph EU2 of this Appendix or limited leave to enter or remain under paragraph EU3; or
        • (ccc) (where they are a British citizen and an Irish citizen APP EU40, and are not relied on by the applicant as being a specified relevant person of Northern Ireland) the evidence required by sub-paragraph (b)(i)(dd)(aaa) or (b)(i)(dd)(bbb) above,

          unless (in any case) the Secretary of State agrees to accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or to compelling practical or compassionate reasons; and
    • (ii) evidence which satisfies the Secretary of State that:
      • (aa) where the applicant is (or, as the case may be, for the relevant period was) a family member of a ‘relevant EEA citizen’, that EEA citizen is (or, as the case may be, for the relevant period was) a relevant EEA citizen as described in the applicable entry for ‘relevant EEA citizen’ in this table, and is (or, as the case may be, was) such a relevant EEA citizen throughout any continuous qualifying period on which the applicant relies as being a family member of a relevant EEA citizen; or
      • (bb) where the applicant is (or, as the case may be, for the relevant period was) a family member of a qualifying British citizen, that British citizen is (or, as the case may be, for the relevant period was) a qualifying British citizen, and is (or, as the case may be, was) a qualifying British citizen throughout any continuous qualifying period on which the applicant relies as being a family member of a qualifying British citizen; or
      • (cc) where the applicant is (or, as the case may be, for the relevant period was) a joining family member of a relevant sponsor, that relevant sponsor is (or, as the case may be, for the relevant period was) a relevant sponsor, and is (or, as the case may be, was) a relevant sponsor throughout any continuous qualifying period on which the applicant relies as being a joining family member of a relevant sponsor; and
  • (c) ‘valid’ here means, in respect of a document, that it is genuine and has not expired or been cancelled or invalidated; and
  • (d) where, in order to meet the requirements of this entry, the applicant submits a copy (and not the original) of a document (including by uploading this as part of the required application process), the Secretary of State can require the applicant to submit the original document where the Secretary of State has reasonable doubt as to the authenticity of the copy submitted; and
  • (e) where, in order to meet the requirements of this entry, the applicant submits a document which is not in English, the Secretary of State can require the applicant to provide a certified English translation of (or a Multilingual Standard Form to accompany) the document, where this is necessary for the purposes of deciding whether the applicant meets the eligibility requirements for indefinite leave to enter or remain or for limited leave to enter or remain under this Appendix
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:31 am

required proof of entitlement to apply from outside the UK
  • (a) in the case of an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table):
    • (i) their valid passport; or
    • (ii) their valid national identity card, where this contains an interoperable biometric chip,
    unless the Secretary of State agrees to accept alternative evidence of entitlement to apply from outside the UK where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or to compelling practical or compassionate reasons; or
  • (b) in the case of a non-EEA citizen, their valid specified relevant document,
unless the Secretary of State agrees to accept alternative evidence of entitlement to apply from outside the UK where the applicant is unable to produce the required document due to circumstances beyond their control or to compelling practical or compassionate reasons

in addition, ‘valid’ here means that the document is genuine and has not expired or been cancelled or invalidated
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:34 am

required proof of identity and nationality
  • (a) in the case of an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) making an application within the UK:
  • (b) in the case of a non-EEA citizen making an application within the UK:
    • (i) their valid passport; or
    • (ii) their valid specified relevant document; or
    • (iii) their valid biometric immigration document (as defined in section 5 of the UK Borders Act 2007),
unless (in the case of (a) or (b)) the Secretary of State agrees to accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or to compelling practical or compassionate reasons

in addition, ‘valid’ here means that the document is genuine and has not expired or been cancelled or invalidated
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:36 am

self-employed person
there is evidence which satisfies the Secretary of State that the person is, or (as the case may be) for the relevant period was, either:
  • (a) a self-employed person as defined in regulation 4(1) of the EEA Regulations; or
  • (b) (save where sub-paragraph (b)(iv) of the entry for ‘person with a derivative right to reside’ in this table is concerned) a person who is or was no longer in self-employment but who continues or continued to be treated as a self-employed person within the meaning of “qualified person” under regulation 6 of the EEA Regulations,
irrespective, in either case, of whether the EEA Regulations apply, or (as the case may be) for the relevant period applied, to that person where the person is, or (as the case may be) was, a relevant person of Northern Ireland
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:39 am

APP EU24.
specified date
  • (a) (where sub-paragraphs (b) and (c) below do not apply) 11pm GMT on 31 December 2020; or
  • (b)
    • (i) (in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(i), (a)(iii), (a)(v) or (a)(vi) of the entry for ‘family member of a qualifying British citizen’ in this table) 11pm GMT on 29 March 2022; or
    • (ii) (where, in the case of a family member of a qualifying British citizen, the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline for returning to the UK applicable under the entry for ‘family member of a qualifying British citizen’ in this table) 11:59pm GMT on the date they arrived in the UK,
    in (in the case of (b)(i) or (b)(ii)) the reference to specified date in sub-paragraph (a) of the entry for ‘continuous qualifying period’ in this table, for the purposes of the references to continuous qualifying period in:

    condition 3 in the table in paragraph EU12 of this Appendix;

    condition 2 in the table in paragraph EU14 of this Appendix;

    sub-paragraphs (a) and (d) of the entry for ‘family member who has retained the right of residence’ in this table; and

    sub-paragraph (a) of the entry for ‘supervening event’ in this table; or
  • (c) (in the case of a relevant EEA family permit case) 2359 GMT on the date they arrived in the UK, in the reference to specified date in:
    • (i) sub-paragraph (a) of the entry for ‘continuous qualifying period’ in this table, for the purposes of the references to continuous qualifying period in:

      condition 3 in the table in paragraph EU11 of this Appendix;

      condition 1 in the table in paragraph EU14 of this Appendix;

      sub-paragraphs (a) and (d) of the entry for ‘family member who has retained the right of residence’ in this table;

      the entry for ‘person with a derivative right to reside’ in this table;

      the entry for ‘person with a Zambrano right to reside’ in this table; and

      sub-paragraph (a) of the entry for ‘supervening event’ in this table; and
    • (ii) the entries for ‘person who had a derivative or Zambrano right to reside’, ‘person with a derivative right to reside’ and ‘person with a Zambrano right to reside’ in this table”.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:40 am

specified relevant document
  • (a) within the meaning of sub-paragraph (a)(i)(aa) of the entry for ‘relevant document’ in this table, 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; or
  • (b) a biometric residence card as described in sub-paragraph (a)(iii) of the entry for ‘relevant document’ in this table
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:43 am

specified spouse or civil partner of a Swiss citizen
(
  • a) the person is the spouse or civil partner of a relevant sponsor; and
  • (b) the relevant sponsor is a national of Switzerland and is not also a British citizen; and
  • (c) the marriage was contracted or the civil partnership was formed after the specified date and before 1 January 2026; and
  • (d)
    • (i) (unless the applicant relies on meeting condition 1 or condition 3 of paragraph EU11A of this Appendix, or on being a family member who has retained the right of residence by virtue of a relationship with a relevant sponsor) the marriage or civil partnership continues to exist at the date of application; or
    • (ii) (where the applicant relies on meeting condition 1 of paragraph EU11A of this Appendix) the marriage or civil partnership existed for the relevant period; or
    • (iii) (where the applicant relies on meeting condition 3 of paragraph EU11A of this Appendix) the marriage or civil partnership existed immediately before the death of the relevant sponsor
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:45 am

spouse
  • (a) the person is, or (as the case may be) for the relevant period was, party to a marriage with a relevant EEA citizen (or, as the case may be, with a qualifying British citizen or with a relevant sponsor) and the marriage is recognised under the law of England and Wales, Scotland or Northern Ireland or of the Islands; and
  • (b) it is, or (as the case may be) for the relevant period was, not a marriage of convenience; and
  • (c) neither party has, or (as the case may be) for the relevant period had, another spouse, a civil partner or a durable partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:48 am

supervening event
at the date of application:
  • (a) the person has been absent from the UK and Islands for a period of more than five consecutive years (at any point since they last acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, 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, or since they last completed a continuous qualifying period of five years); or
  • (b) any of the following events has occurred in respect of the person, unless it has been set aside or revoked:
    • (i) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the Immigration (European Economic Area) Regulations of the Isle of Man); or
    • (ii) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1) of the EEA Regulations (or the equivalent decision, subject to the equivalent qualification, under the Immigration (European Economic Area) Regulations of the Isle of Man); or
    • (iii) an exclusion decision; or
    • (iv) a deportation order, other than by virtue of the EEA Regulations; or
    • (v) an Islands deportation order; or
    • (vi) an Islands exclusion decision
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:49 am

termination of the marriage or civil partnership
the date on which the order finally terminating the marriage or civil partnership is made by a court
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:51 am

the Islands
the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:53 am

the UK and Islands
the United Kingdom and the Islands taken together
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:55 am

valid evidence of their indefinite leave to enter or remain
  • (a) a valid biometric immigration document (as defined in section 5 of the UK Borders Act 2007), a valid stamp or endorsement in a passport (whether or not the passport has expired) or other valid document issued by the Home Office, confirming that the applicant has indefinite leave to enter or remain in the UK, which has not lapsed or been revoked or invalidated; or
  • (b) the Secretary of State is otherwise satisfied from the evidence or information available to them that the applicant has indefinite leave to enter or remain in the UK or the Islands, which has not lapsed or been revoked or invalidated
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:57 am

APP EU23
visitor

a person granted leave under paragraphs 40-56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020, or a person to whom article 4 or 6 of the Immigration (Control of Entry through Republic of Ireland) Order 1972 applies, unless (in either case):
  • (a) they are the spouse or civil partner of a relevant sponsor (as described in sub-paragraph (a)(i)(bb) of the entry for ‘joining family member of a relevant sponsor’ in this table) or the specified spouse or civil partner of a Swiss citizen; and
  • (b) their leave permitted them to marry or form a civil partnership in the UK with that relevant sponsor or with that Swiss citizen and they did so
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:59 am

worker
there is evidence which satisfies the Secretary of State that the person is, or (as the case may be) for the relevant period was, either:
  • (a) a worker as defined in regulation 4(1) of the EEA Regulations; or
  • (b) (save where sub-paragraph (b)(iv) of the entry for ‘person with a derivative right to reside’ in this table is concerned) a person who is or was no longer working but who continues or continued to be treated as a worker within the meaning of “qualified person” under regulation 6 of the EEA Regulations,
irrespective, in either case, of whether the EEA Regulations apply, or (as the case may be) for the relevant period applied, to that person where the person is, or (as the case may be) was, a relevant person of Northern Ireland
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Re: Definitions in Appendix EU

Post by vinny » Tue Feb 16, 2021 11:48 pm

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Re: Definitions in Appendix EU

Post by vinny » Fri Mar 05, 2021 9:33 am

Statement of changes to the Immigration Rules: HC 1248, 4 March 2021
The following paragraphs shall take effect on 6 April 2021:
  • ...
  • APP EU1 to APP EU8, APP EU10 to APP EU13, APP EU15 to APP EU29, APP EU31, APP EU32, APP EU34, APP EU35, APP EU38, APP EU39 and APP EU42 to APP EU44
  • APP EU(FP)1 to APP EU(FP)5, APP EU(FP)7 to APP EU(FP)9, APP EU(FP)11 to APP EU(FP)19, APP EU(FP)24 and APP EU(FP)26
  • ...
....

The following paragraphs shall take effect on 1 July 2021:
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Re: Definitions in Appendix EU

Post by vinny » Wed Apr 28, 2021 2:23 pm

APP EU41
specified relevant person of Northern Ireland
  • (a) the person is a relevant person of Northern Ireland in accordance with sub-paragraph (a)(i) or (a)(iii) of that entry in this table; and
  • (b) the applicant is a non-EEA citizen; and
  • (c)
    • (i)
      • (aa) the applicant is a joining family member of a relevant sponsor where the person is their relevant sponsor; and
      • (bb) the applicant has satisfied the Secretary of State 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; or
    • (ii)
      • (aa) the applicant is a dependent relative and the person is their sponsoring person (in the entry for ‘dependent relative’ in this table); and
      • (bb) the applicant relies, as their relevant document as the dependent relative of their sponsoring person (as described in sub-paragraph (a)(iv) of the entry for ‘relevant document’ in this table), on an EU Settlement Scheme Family Permit granted to them under Appendix EU (Family Permit) to these Rules as a ‘dependent relative of a specified relevant person of Northern
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Re: Definitions in Appendix EU

Post by vinny » Tue Oct 12, 2021 2:04 pm

Statement of changes to the Immigration Rules: HC 617, 10 September 2021

Annex 1 changes
APP EU8 to
APP EU23 In Annex 1, delete the entry for ‘visitor’ in the table
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Re: Definitions in Appendix EU

Post by vinny » Wed Mar 16, 2022 11:30 am

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Re: Definitions in Appendix EU

Post by vinny » Sun May 29, 2022 12:47 pm

APP EU16
relevant EEA family permit case
  • (a) family member of a relevant EEA citizen who is:
    • (i) a dependent relative or a durable partner who (in either case) arrived in the UK after 2300 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; or
    • (ii) 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 (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) to these Rules on the basis they met the definition in Annex 1 to that Appendix of ‘specified EEA family permit case’; or
  • (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 2300 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 2300 GMT on 31 December 2020; or
  • (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 2300 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) to these Rules on the basis they met the definition in Annex 1 to that Appendix of ‘specified EEA family permit case’.
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Re: Definitions in Appendix EU

Post by vinny » Sun Nov 20, 2022 11:52 am

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Re: Definitions in Appendix EU

Post by vinny » Sun Nov 20, 2022 12:19 pm

APP EU5
Exempt person
A person who:
  • (a) has a right to reside under the EEA Regulations, other than under regulation 16; or
  • (b) has the right of abode under section 2 of the Immigration Act 1971; or
  • (c) is exempt from immigration control in accordance with section 8(2), (3) or (4) of the Immigration Act 1971; or
  • (d) has indefinite leave to enter or remain unless this was granted under this Appendix.
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