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IMMIGRATION

Appendix EU: EEA and Swiss nationals and their family members

 

Here at Chan Neill Solicitors, we appreciate that it may be somewhat frustrating for EU and Swiss nationals and their family members that the citizens of the United Kingdom have voted to leave the European Union. Whilst the Home Office is making all possible efforts to facilitate the application process for EU and Swiss nationals and their family members to apply for UK residence documents, some individuals may still struggle to understand the Immigration process and requirements.

 

On this page we have summarised the Immigration requirements to be met by EEA and Swiss nationals and their family members as well as by family members of qualifying British Citizens. However, should you require any further advice, assistance or clarification with the visa application process, please do not hesitate to contact our Immigration team.

 

Requirements for Indefinite leave to enter or remain in the UK (settled status):

 

1) Applicants must submit valid applications using the GOV.UK website application process and provide proof of identity and nationality, proof of entitlement to apply from outside the UK (where applicable), as well as provide their biometric data; and

 

2A) To qualify for indefinite leave to enter or remain in the UK being EEA national, one of the following conditions must be met:

  • EEA national has a documented right of permanent residence and no supervening event has occurred; or

  • EEA national has valid evidence of their indefinite leave to enter or remain in the UK; or

  • EEA national has completed 5 years’ qualifying period in the UK and since then no supervening event has occurred; or

  • EEA national has ceased activity in the UK and since then no supervening event has occurred; or

  • EEA national is a family member of EEA national who has been or being granted indefinite leave to enter or remain in the UK or would be granted indefinite leave to enter or remain in the UK if they made a valid application and there is a valid proof that the relationship between EEA national applicant and their EEA national family member has existed at the point at which the EEA family member became a person who has ceased activity and since such EEA family member has ceased activity, no supervening event has occurred

 

2B) To qualify for indefinite leave to enter or remain in the UK being a family member of EEA citizen, one of the following conditions must be met:

  • Family member of EEA citizen has a documented right of permanent residence and no supervening event has occurred; or

  • Family member of EEA citizen has valid evidence of their indefinite leave to enter or remain in the UK; or

  • Family member of EEA citizen has completed 5 years’ qualifying period in the UK and since then no supervening event has occurred; or

  • The applicant is a family member of EEA citizen who has died and was a worker or self-employed person at the time of their death and such EEA citizen was resident in the UK and Islands for a continuous period of two years before dying or the death was the result of an accident at work or an occupational disease and the family member of such EEA citizen was resident in the UK immediately before their death and since then no supervening event has occurred.

 

2C) To qualify for indefinite leave to enter or remain in the UK being a family member who has retained the right of residence by virtue of a relationship with EEA citizen, one of the following conditions must be met:

  • The applicant has a documented right of permanent residence and no supervening event has occurred; or

  • The applicant has valid evidence of their indefinite leave to enter or remain in the UK; or

  • The applicant has completed 5 years’ qualifying period in the UK and since then no supervening event has occurred.

 

2D) To qualify for indefinite leave to enter or remain in the UK being a person with a derivative right to reside in the UK, the applicant must have completed 5 years’ qualifying period in the UK and since then no supervening event has occurred.

 

2E) To qualify for indefinite leave to enter or remain in the UK being a person with a Zambrano right to reside, the applicant must have completed 5 years’ qualifying period in the UK and since then no supervening event has occurred.

 

2F) There is a provision in Appendix EU for a child under the age of 21 of a relevant EEA citizen, or their spouse or civil partner to qualify for indefinite leave to enter or remain in the UK. Please do not hesitate to contact our Immigration team for further advice.

 

2G) The applicant is a family member of a qualifying British citizen and one of the conditions below is met:

  • The applicant has a documented right of permanent residence and no supervening event has occurred; or

  • The applicant has valid evidence of their indefinite leave to enter or remain in the UK; or

  • The applicant has completed 5 years’ qualifying period in the UK and since then no supervening event has occurred.

 

2H) The applicant is a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen and one of the conditions below is met:

  • The applicant has a documented right of permanent residence and no supervening event has occurred; or

  • The applicant has valid evidence of their indefinite leave to enter or remain in the UK; or

  • The applicant has completed 5 years’ qualifying period in the UK and since then no supervening event has occurred.

 

2I) There is a provision in Appendix EU for a child under 21 years of age of the spouse or civil partner of the qualifying British Citizen to qualify for indefinite leave to enter or remain in the UK.

 

3) The applicant is not being refused on suitability grounds.

 

If applicants are not able to qualify for indefinite leave to enter or remain they could be granted limited leave to enter or remain in the UK with a 5 years’ validity. Applicants then would be able to apply for indefinite leave to enter or remain in the UK once all relevant requirements are met.

 

Requirements for limited leave to enter or remain in the UK (pre-settled status):

 

If immigration requirements for indefinite leave to enter or remain are not met solely because applicants have not completed their 5-year continuous qualifying period in the UK, they would need to make a valid application to be granted limited leave to enter or remain in the UK.

 

When applying for indefinite or limited leave to enter or remain in the UK, evidence of relationship must be provided.

 

Under Appendix EU, continuous qualifying period is defined as a period of residence in the UK and Islands and applicants’ absences from the UK and Islands must not exceed a total of 6 months in any 12 months’ period (some exceptions apply).

 

Administrative review

 

If indefinite or limited leave to remain under Appendix EU is refused, applicants have rights to challenge the Home Office’s decision by submitting Administrative Review inside or outside the UK.

To find out more about other UK visa categories, please click here.

*Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.

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Chan Neill Solicitors is a trading name of Chan Neill Solicitors LLP, a limited liability partnership registered in England and Wales, under number OC430320. Chan Neill Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority. SRA number: 668071. We use the word partner to refer to a member of Chan Neill Solicitors LLP, or an employee or consultant who is a lawyer with equivalent standing and qualification. A list of members names together with a list of non members who are designated as partners is available for inspection at our registered office at 107 Charterhouse Street, London, EC1M 6HW