Caseworker Guidance
EU Settlement Scheme: caseworker guidance
gov.uk change note: The EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members guidance has been updated to reflect Statement of Changes in Immigration Rules HC 1691, laid on 5 March 2026. EU Settlement Scheme: suitability requirements has been updated - a full list of changes can be found within the document.
Headline
Major updates to EU Settlement Scheme caseworker guidance including extended biometric card validity periods, simplified lapse rules for pre-settled status, and new concession for certain family members of British citizens.
Changes in detail
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Version and publication date — Updated from version 30.0 published 30 December 2025 → version 31.0 published 29 April 2026, reflecting Statement of Changes in Immigration Rules HC 1691 laid on 5 March 2026.
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Biometric residence card validity period — Extended the acceptance period for expired biometric residence cards from "not expired by more than 18 months" → "not expired by more than 60 months" at date of application. This applies to cards issued under EEA Regulations or EU Settlement Scheme.
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Pre-settled status lapse rules simplified — Removed the dual timeframe system. Previously, pre-settled status lapsed after "more than 2 consecutive years absence before 21 May 2024 OR more than 5 consecutive years (4 for Swiss) on or after 21 May 2024" → now simplified to a single rule of "more than 5 consecutive years (4 for Swiss citizens and family members)".
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New concession for family members of qualifying British citizens — Added provision allowing family members who held pre-settled status before obtaining other immigration leave (such as under Appendix Victim of Domestic Abuse) to apply for settled status without the usual deadline requirements, with no time limit for making such applications.
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Invalid sponsor criteria expanded — Added new ground for invalid sponsor: "a person relied on by the applicant as being an 'other relative' and the claimed relationship is unidentifiable based on limited information provided and no evidence has been submitted to substantiate the claimed relationship".
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Fraudulent document procedural fairness requirements — Significantly expanded guidance on procedural fairness when rejecting applications for fraudulent identity documents, requiring caseworkers to notify applicants of fraud allegations and give 14 days to respond in most cases, except where fraud is confirmed by issuing authority or National Fraud Unit.
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Application withdrawal process updated — Changed from using "online 'ask a question about applying for settled status' form" → using the "'cancel your application service' at www.gov.uk/cancel-visa".
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Postal service references updated — Changed all references from "first class post" → "Royal Mail Tracked24 post" throughout guidance with same delivery assumptions.
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New refusal ground added — Added EU16(f): applications may be refused where "it is more likely than not that, after the specified date, the applicant has assisted another person fraudulently to obtain, or to attempt to obtain, entry clearance to, or leave to enter or remain in, the UK."
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Truncated contact process — Added new ground for truncating standard contact procedures: applications where applicant had already applied since being notified their pre-settled status was granted in error, that application was refused, and no new evidence provided.
Practical implications
Immigration lawyers should immediately review cases involving: - Clients with expired biometric residence cards that expired between 18-60 months ago, who can now apply - Pre-settled status holders who have been absent for 2-5 years before May 2024 - their status may no longer have lapsed under the simplified rules - Family members of British citizens who obtained other forms of leave after holding pre-settled status - they may now be eligible under the new concession - Any pending applications involving fraudulent document allegations - enhanced procedural fairness requirements now apply - Clients wanting to withdraw applications - direct them to the new online cancellation service
The extended biometric card validity and simplified lapse rules will likely make many previously ineligible applicants now eligible to apply.
Administrative changes
- Updated version number from 30.0 to 31.0
- Updated publication dates and references to new Statement of Changes HC 1691
- Added signposting to new EU Settlement Scheme Cancellation and Curtailment guidance
- Corrected minor punctuation and formatting throughout
- Updated table formatting in multiple sections
- Expanded acronyms (HMRC, DWP) in some instances
- Updated references from "Rights of appeal guidance" to "Current rights of appeal guidance"
Diff
@@ -17865,7 +17865,7 @@ --- -Version 8.0 +Version 9.0 @@ -17874,7 +17874,7 @@ -This guidance tells you how, from 9 August 2023, to consider an application under the EU Settlement Scheme, contained in Appendix EU to the Immigration Rules, from a ‘family member of a qualifying British citizen’. +This guidance tells you how, from 29 April 2026, to consider an application under the EU Settlement Scheme, contained in Appendix EU to the Immigration Rules, from a ‘family member of a qualifying British citizen’. @@ -17886,11 +17886,23 @@ -- an application was made as a family member of a qualifying British citizen by 8 August 2023 - -- they entered the UK with an EU Settlement Scheme family permit – applied for by 8 August 2023 – as a family member of a qualifying British citizen and applied for pre-settled status on the same basis before the expiry of the leave to enter granted by virtue of having arrived in the UK with that entry clearance (and that leave to enter must not have been cancelled, curtailed or invalidated), or later where they can show evidence of ‘reasonable grounds’ for their delay in making their application - -- they have pre-settled status as a family member of a qualifying British citizen and are making a further application, usually for settled status +- + + +an application was made as a family member of a qualifying British citizen by 8 August 2023 + + +- + + +they entered the UK with an EU Settlement Scheme family permit – applied for by 8 August 2023 – as a family member of a qualifying British citizen and applied for pre-settled status on the same basis before the expiry of the leave to enter granted by virtue of having arrived in the UK with that entry clearance (and that leave to enter must not have been cancelled, curtailed or invalidated), or later where they can show evidence of ‘reasonable grounds’ for their delay in making their application + + +- + + +they have pre-settled status as a family member of a qualifying British citizen and are making a further application, usually for settled status + @@ -17927,7 +17939,7 @@ -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. +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. @@ -17942,13 +17954,13 @@ - -version 8.0 - - -- - - -published for Home Office staff on 5 September 2023 +version 9.0 + + +- + + +published for Home Office staff on 29 April 2026 @@ -17958,65 +17970,58 @@ -Changes have been made to reflect the closure of the EU Settlement Scheme to new applications from those applying as a family member of a qualifying British citizen, where they do not already hold pre-settled status or an EUSS family permit on this basis, on 8 August 2023. These changes to Appendix EU were made in the Statement of Changes in Immigration Rules HC 1496, laid on 17 July 2023. - - - -## Related content - - - -- EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members - - - - -## Related external links - - - -- - +Changes have been made to: + + + +- + + +signpost the EU Settlement Scheme Cancellation and Curtailment guidance published on 9 April 2026 + + +- + + +reflect the concession for family members of a qualifying British citizen who obtain another form of immigration leave + + + + + +## 1.5 Related content + + + +EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members + + + +## 1.6 Related external links + + Appendix EU to the Immigration Rules - - -- - - -Statement of Changes in Immigration Rules HC: 1496 - - -- - + + + +Statement of Changes in Immigration Rules - HC 1691 + + Section 55 of the Borders, Citizenship and Immigration Act 2009 - - -- - + + Every Child Matters – Change for Children - - -- - + + ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 00281 (IAC) - - -- - - -Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) - - -- - - -Regulations 2020 - - + + + +Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 @@ -18069,7 +18074,7 @@ -The required date validity requirement means that any applications made from 9 August 2023 onwards in reliance on being a family member of a qualifying British citizen, where the applicant has not entered the UK with an EU Settlement Scheme family permit as a family member of a qualifying British citizen (and does not already hold pre-settled status on that basis), will be rejected as invalid. +The required date validity requirement means that any application made from 9 August 2023 onwards in reliance on being a family member of a qualifying British citizen, where the applicant has not entered the UK with an EU Settlement Scheme family permit as a family member of a qualifying British citizen (and does not already hold pre-settled status on that basis), will be rejected as invalid. @@ -18176,7 +18181,7 @@ - -has not expired or otherwise ceased to be effective or remained valid for the period of residence relied upon (except that the relevant document may have expired where the applicant is a durable partner or a dependent relative and (i) before it expired, the applicant applied for a further relevant document on the basis of the same family relationship as that on which that earlier relevant document was issued and (ii) the further relevant document was issued by the date of decision on the application under Appendix EU) +has not expired or otherwise ceased to be effective or remained valid for the period of residence relied upon (except that the relevant document may have expired where the applicant is a durable partner or a dependent relative and (i) before it expired, the applicant applied for a further relevant document on the basis of the same family relationship as that on which that earlier relevant document was issued and (ii) the further relevant document was issued by the date of decision on the application under Appendix EU) @@ -18223,41 +18228,35 @@ -## Related content - - - -- EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members - -- EU Settlement Scheme: family and travel permits - -- Free movement rights: family members of British citizens - - - - -## Related external links - - - -- - +## 2.2 Related content + + + +EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members + + + +EU Settlement Scheme: family and travel permits + + + +Free movement rights: family members of British citizens + + + +## 2.3 Related external links + + Appendix EU to the Immigration Rules - - -- - + + Appendix EU (Family Permit) to the Immigration Rules - - -- - + + Immigration (European Economic Area) Regulations 2016 - - @@ -18277,11 +18276,15 @@ +Where the applicant held extant pre-settled status as a family member of a qualifying British citizen before obtaining another form of immigration permission, such as under Appendix Victim of Domestic Abuse, there is no deadline for them to apply, if they wish, for settled status under Appendix EU once they are eligible for it based on their continuous residence in the UK. See Concession for family members of a qualifying British citizen in the EU Settlement Scheme EU, other EEA and Swiss citizens and their family members guidance. + + + Where they have been granted an EU Settlement Scheme family permit as a family member of a qualifying British citizen, they can apply under the scheme before the expiry of the leave to enter granted by virtue of having arrived in the UK with that entry clearance (and that leave to enter must not have been cancelled, curtailed or invalidated) or later where there are ‘reasonable grounds’ for their delay in making their application. -This means that where the applicant is relying on being a family member of a qualifying British citizen to apply to the scheme and does not have valid leave to enter from an EU Settlement Scheme family permit on that basis (or reasonable grounds for their delay in making an application after the expiry of such leave) or pre- settled status issued on that basis, applications made after 8 August 2023 will be rejected as invalid. +This means that where the applicant is relying on being a family member of a qualifying British citizen to apply to the scheme and does not have valid leave to enter from an EU Settlement Scheme family permit on that basis (or reasonable grounds for their delay in making an application after the expiry of such leave) or pre-settled status issued on that basis, applications made after 8 August 2023 will be rejected as invalid. @@ -18292,13 +18295,16 @@ ## 3.1 Related content - -- EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members - -- EU Settlement Scheme: family and travel permits - -- Free movement rights: family members of British citizens - + +EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members + + + +EU Settlement Scheme: family and travel permits + + + +Free movement rights: family members of British citizens @@ -18355,7 +18361,7 @@ - -the applicant has a documented right of permanent residence: see ‘Documented right of permanent residence’ in the ‘Family members’ section of EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members +the applicant has a documented right of permanent residence: see ‘Documented right of permanent residence’ in the ‘Eligibility: family members of a relevant EEA citizen’ section of EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members - @@ -18407,7 +18413,7 @@ - -there is valid evidence of their ILE or ILR: see ‘Existing indefinite leave to enter or remain’ in the ‘Family members’ section, and the ‘Assessing family relationship’ section, of EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members +there is valid evidence of their ILE or ILR: see ‘Indefinite leave to enter or remain held since before the end of the transition period’ in the ‘Eligibility: family members of a relevant EEA citizen’ section, and the ‘Assessing family relationship’ section, of EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members @@ -18560,111 +18566,1048 @@ -## Related content - - - -- EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members - -- Free movement rights: family members of British citizens - - - - -## Related external links - - - -- - +## 4.3 Related content + + + +EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members + + + +Free movement rights: family members of British citizens + + + +## 4.4 Related external links + + Appendix EU to the Immigration Rules - - -- - + + Immigration (European Economic Area) Regulations 2016 - - -- - + + + +## 5. Qualifying British citizen + + + +This section explains how to consider whether a British citizen meets the definition of ‘qualifying British citizen’ in Annex 1 to Appendix EU to the Immigration Rules. + + + +## 5.1 Return to the UK + + + +The following table sets out the date and time by which the British citizen must have returned to the UK with (or ahead of) the applicant in order to meet the definition of ‘qualifying British citizen’. The relevant date and time depend on the family relationship between them. + + + + +| + | Before 11pm on 31 December 2020 (or later where you are satisfied that there are reasonable grounds for the person’s failure to meet that deadline) + | Before 11pm on 29 March 2022 (or later where you are satisfied that there are reasonable grounds for the person’s failure to meet that deadline) + + + + +| + | Spouse or civil partner of a qualifying British citizen, where the marriage was contracted or the civil partnership was formed after 11pm on 31 January 2020 and before 11pm on 31 December 2020 (unless they were durable partners before 11pm on 31 January 2020 and the partnership remained durable at 11pm on 31 January 2020 – see second bullet point in this row of the next column). + | Spouse or civil partner of a qualifying British citizen, where either: + +- the marriage was contracted or the civil partnership was formed before 11pm on 31 January 2020 +- the applicant was the durable partner of the qualifying British citizen before 11pm on 31 January 2020 (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before then) and the partnership remained durable at 11pm on 31 January 2020 + + +| + | Durable partner of a qualifying British citizen, where the partnership was formed and was durable after 11pm on 31 January 2020 and before 11pm on 31 December 2020, and the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the qualifying British citizen). + | Durable partner of a qualifying British citizen, where the partnership was formed and was durable before 11pm on 31 January 2020, and the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the qualifying British citizen). + + +| + | Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first row in this column, and the family relationship of the child or dependent parent to the spouse or civil partner existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). + | Child or dependent parent of a qualifying British citizen and the family relationship existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). + + +| + | Dependent relative of a qualifying British citizen, or (as the case may be) of their spouse or civil partner as described in the first row in this column, where the family relationship and the person’s 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 applicant returned to the UK with the qualifying British citizen or (where you are satisfied that there are reasonable grounds for the person’s failure to meet the deadline of 11pm on 31 December 2020 for returning to the UK) before that deadline, and (in either case) the person’s dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continues to exist at the date of application (or did so for the period of residence in the UK relied upon). + | Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first row in this column, and all the family relationships existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). + + + + + + +Where the applicant does not rely on having a documented right of permanent residence, on having completed a continuous qualifying period in the UK of 5 years, or on being a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, the relevant family relationship must continue to exist at the date of application. + + + +Where a relevant family member (as set out in the second column of the table above) made a valid application for an EU Settlement Scheme family permit by 11pm on 29 March 2022, which was issued before that date (but the family could not reasonably make arrangements to return to the UK by then) or was issued after that date (including following an allowed appeal), this may constitute reasonable grounds for a qualifying British citizen to return to the UK with (or ahead of) the family member after 11pm on 29 March 2022. This will include where the qualifying British citizen remained overseas with the family member while the latter obtained their EU Settlement Scheme family permit. + + + +For further guidance on reasonable grounds for a qualifying British citizen to return to the UK with (or ahead of) the family member after 11pm on 29 March 2022, see Reasonable grounds for failing to meet the deadline for returning to the UK. + + + +## 5.2 Regulation 9(2), (3) and (4)(a) of the European Economic Area (EEA) Regulations + + + +Part of the definition of ‘qualifying British citizen’ requires that the British citizen satisfied regulation 9(2), (3) and (4)(a) of the European Economic Area (EEA) Regulations in the EEA host country (as the British citizen (BC) to whom those provisions refer, with the applicant being treated as the family member (F), or as the extended family member (EFM), to whom those provisions refer) both: + + + +- + + +before the end of the transition period at 11pm on 31 December 2020 + + +- + + +immediately before returning to the UK with (or ahead of) the applicant + + + + + +The exception is where the applicant is a child of the qualifying British citizen (or of their spouse or civil partner, as described in the table above) who, after the end of the transition period at 11pm on 31 December 2020, was born, was adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition. In such a case, the qualifying British citizen had to meet the relevant requirements of regulation 9(2), (3) and (4)(a) of the EEA Regulations in the EEA host country immediately before returning to the UK with (or ahead of) the applicant, but not before the end of the transition period. + + + +The rest of this section explains how to consider whether, before the end of the transition period at 11pm on 31 December 2020 (save where the previous paragraph applies) and immediately before returning to the UK with (or ahead of) the applicant, the British citizen satisfied regulation 9(2), (3) and (4)(a) of the EEA Regulations in the EEA host country. You do not need to repeat this consideration where the applicant is a person granted limited leave to enter or remain under Appendix EU as the family member of a qualifying British citizen who is now applying for indefinite leave to enter or remain under Appendix EU as the family member of that qualifying British citizen. + + + +## The applicant holds a relevant document issued or granted on or after 25 November 2016 + + + +You are not usually required to reassess whether, for the relevant period, the British citizen was a qualifying British citizen in the EEA host country, where the applicant holds a relevant document issued by the UK on or after 25 November 2016 under the EEA Regulations (which includes a relevant document issued under the Immigration (European Economic Area) Regulations 2006), or an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit), either: + + + +- + + +based on their relationship with a qualifying British citizen, and their scheme application is made as a family member of the same qualifying British citizen + + +- + + +as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen + + + + + +You must however reassess these requirements where there is information available to you that indicates the relevant document may have been incorrectly issued. + + + + +Official – sensitive: start of section + + + + +The information in this section has been removed as it is restricted for internal Home Office use. + + + + +Official – sensitive: end of section + + + + +## The applicant does not hold a relevant document issued or granted on or after 25 November 2016 + + + +Where either: + + + +- + + +the applicant does not hold a relevant document issued by the UK on or after 25 November 2016 under the EEA Regulations (which includes under the Immigration (European Economic Area) Regulations 2006), or an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit) + + +- + + +the applicant holds such a document issued on or after 25 November 2016 based on their relationship with a qualifying British citizen and their scheme application is either: + + + +- + + +made as a family member of the same qualifying British citizen but there is information available to you that indicates the document may have been incorrectly issued + + +- + + +made as a family member of a different qualifying British citizen + + + + + + + +You need to be satisfied, including by the required evidence of family relationship, that, before the end of the transition period at 11pm on 31 December 2020 and immediately before returning to the UK with (or ahead of) the applicant, the British citizen of whom the applicant claims to be (or, for the relevant period, to have been) a family member was a qualifying British citizen in the EEA host country. The rest of this section provides you with guidance on how to assess this. + + + +## The qualifying British citizen’s activity in the EEA host country + + + +In accordance with regulation 9(2)(a) of the EEA Regulations, you must be satisfied that the qualifying British citizen either: + + + +- + + +lived and exercised free movement rights under EU law as a worker, self-employed person, self-sufficient person or student (a ‘qualified person’ under the EEA Regulations) in the EEA host country by 11pm on 31 December 2020 and immediately before returning to the UK + + +- + + +acquired the right of permanent residence under EU law in the EEA host country by 11pm on 31 December 2020, generally requiring 5 years’ continuous residence there as a qualified person, before returning to the UK + + + + + +## Qualified person in the EEA host country + + + +Where the British citizen resided in the EEA host country for 3 months or less, they will not be a qualifying British citizen. + + + +Where the British citizen resided in the EEA host country for more than 3 months, you do not need to see evidence that they were the equivalent of a ‘qualified person’ during their first 3 months of residence. This is because the initial 3 month right of residence is unconditional, save that the British citizen must not have been an unreasonable burden on the EEA host country’s social assistance system. + + + +After the initial 3 month right of residence, you must be satisfied that the British citizen exercised free movement rights as an employed, self-employed or self-sufficient person or as a student, and was the equivalent of a ‘qualified person’ under regulation 6 of the EEA Regulations, in the EEA host country. + + + +The British citizen will not have been the equivalent of a ‘qualified person’ in the EEA host country for any period where they were a jobseeker unless this was during a period in which they had retained worker or self-employed status (see below). + + + +Presenting a registration certificate issued by the EEA host country would not, without further evidence, be sufficient to demonstrate that the British citizen was the equivalent of a ‘qualified person’ there. This is to ensure the British citizen met the underlying requirements of the directive, irrespective of whether the EEA host country issued residence documentation based on more favourable national provisions. + + + +Instead, you must consider whether the evidence provided with the application shows that the British citizen exercised free movement rights as: + + + +- + + +an employed person – by, for example, production of an employment contract, wage slips, letter from employers + + +- + + +a self-employed person – by, for example, contracts, invoices, audited accounts with bank statements, or evidence of payment of tax and other deductible contributions + + +- + + +a self-sufficient person – by, for example, bank statements (there must also be evidence of comprehensive sickness insurance for themselves and any family members) + + +- + + +a student – by, for example, a letter from the school, college or university (there must also be evidence of sufficient resources by, for example, bank statements and of comprehensive sickness insurance for themselves and any family members) + + + + + +For guidance on assessing whether the British citizen was the equivalent of a ‘qualified person’ in the EEA host country, see EEA nationals – qualified persons. + + + +For the avoidance of doubt, service as a member of HM Forces (as defined in the Armed Forces Act (2006), in a country listed in sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU, may satisfy the conditions of being a ‘worker’ for the purposes of the EEA Regulations in assessing whether the British citizen is a qualifying British citizen. + + + +In addition, for the purposes of the previous paragraph, sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU will be treated as referring also to the Sovereign Base Areas on Cyprus. The Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus are to be considered part of an EEA host country for the purposes of these provisions, where an accompanying family member of a member of HM Forces, who was posted there before the end of the transition period, also meets the other requirements as a ‘family member of a qualifying British citizen’. Therefore, for these purposes, service as a member of HM Forces in a Sovereign Base Area can satisfy the conditions of being a ‘worker’ for the purposes of the EEA Regulations in assessing whether the British citizen is a qualifying British citizen. + + + +## Retained worker status in the EEA host country + + + +A British citizen will continue to be treated as an employed or self-employed person during a period of temporary unemployment in the EEA host country in certain circumstances. See ‘Retaining worker or self-employed person status’ in EEA nationals – qualified persons for guidance. + + + +## Right of permanent residence in the EEA host country + + + +Regulation 9(6) of the EEA Regulations provides that a British citizen is only to be treated as having acquired the right of permanent residence in the EEA host country if such residence would have met the requirements of regulation 15 of the EEA Regulations, had it taken place in the UK. See: the ‘Rights of permanent residence for qualified persons’ and ‘Worker or self-employed person who has ceased activity’ sections in EEA nationals – qualified persons. + + + +If it is claimed that the British citizen had acquired the right of permanent residence in the EEA host country, you must be satisfied of this from the information and evidence available to you. A document issued to the British citizen by the EEA host country under Article 19 of the directive (a document certifying permanent residence for EEA nationals who are not nationals of the EEA host country) would not usually, without the underlying evidence showing residence and the exercise of free movement rights covering the 5 year period, be sufficient to demonstrate that the British citizen had acquired a right of permanent residence in the EEA host country. This is to ensure the British citizen met the underlying requirements of the directive, irrespective of whether the EEA host country issued residence documentation based on more favourable national provisions. + + + +You must also be satisfied that the right of permanent residence had not lapsed due to excess absence from the EEA host country, or been restricted by the EEA host country (for example, due to deportation or exclusion measures), before the British citizen returned to the UK. + + + +## Joint residence in the EEA host country + + + +In accordance with regulation 9(2)(b) of the EEA Regulations, you must be satisfied that the applicant resided in the EEA host country with the qualifying British citizen, by 11pm on 31 December 2020 and immediately before returning to the UK. This must have been while the qualifying British citizen exercised free movement rights in the EEA host country as the equivalent of a qualified person or held a right of permanent residence there under EU law. + + + +Evidence which may satisfy you of this joint residence may include, for example: + + + +- + + +a mortgage or tenancy agreement in both their names + + +- + + +correspondence or other material from official or otherwise credible sources, such as payslips, household bills or bank statements addressed to each of them at the same address + + + + + +You must only accept that the applicant and the qualifying British citizen resided together in the EEA host country for as long as the evidence demonstrates. For example, if they claim to have lived together for 2 years, but the evidence only covers a 3 month period, then you can only accept that they lived together for 3 months. + + + +## Genuine residence in the EEA host country + + + +In accordance with regulation 9(2)(c) of the EEA Regulations, you must be satisfied that both: + + + +- + + +the joint residence of the applicant and the qualifying British citizen in the EEA host country, by 11pm on 31 December 2020 and immediately before returning to the UK, was genuine + + +- + + +following the initial 3 month right of residence in the EEA host country, the British citizen was a worker, self-employed person, self-sufficient person, student or person with the right of permanent residence there in accordance with the directive + + + + + +‘Genuine residence’ for these purposes means residence in the EEA host country by both the qualifying British citizen and the family member or extended family member which was both: + + + +- + + +real, substantive, or effective + + +- + + +pursuant to and in conformity with the conditions set out in Article 7(1) and (2) and Article 16(1) and (2) of the Directive (see The qualifying British citizen’s activity in the EEA host country), to enable the qualifying British citizen and their family member to create or strengthen family life in the EEA host country + + + + + +‘Real, substantive or effective residence’ means a period of time in which the British citizen moved to the EEA host country and was resident there, with their family member or extended family member, in compliance with Article 7 or Article 16 of the Directive. For this to be satisfied, the British citizen must have moved past their initial (3 month) right of residence period and pursued an activity which, under EU law, gave them the right to reside in that EEA host country for longer than 3 months, or have acquired a right of permanent residence there. + + + +If the evidence shows the British citizen was a qualified person or a person with a right of permanent residence in the EEA host country, you must consider whether this was a genuine, or an artificial, exercise of free movement rights. As the CJEU said in O and B [C 456/12], it is for the Secretary of State ‘to determine whether [the British citizen] settled (more accurately, ‘installed themselves’ – not to be confused with ‘settled’ within the meaning of the Immigration Act 1971) and, therefore, genuinely resided in the host member state. As the Upper Tribunal put it in ZA (Reg 9. EEA Regs; abuse of rights) [2019] UKUT 281, ‘there must [have been] substance to the residence’ (paragraph 44). + + + +When considering this, you cannot generally take into account the motives of the people who moved to the EEA host country, except in the limited sense of whether they intended to exercise their EU free movement rights in that EEA host country. In ZA, the Upper Tribunal said, ‘Where the jurisprudence of the Court of Justice refers to residence being “genuine”, it does not import with it a consideration of the motives behind that residence in the abuse of rights sense. Rather, it is a qualitative evaluation of the residence which needs to be undertaken. It is in that sense that the intentions are relevant in the sense of what it was that the individuals who moved to another member state intended to do? Did they intend properly to exercise Treaty rights or was it, for example, simply an extended holiday or was it a fixed-term employment of short duration where the person concerned retained an official address with her parents as in Knoch?’ (paragraph 47). + + + +For example, if the British citizen intended to pursue an employment opportunity in an EEA host country and moved to that country in order to do so, genuine residence will usually have been achieved if the British citizen engages with that employment opportunity (or another available opportunity, including any of the qualifying categories outlined within Article 7 of the directive). + + + +You must closely examine the facts of each individual case. For example, it is possible for a British citizen to have intended to remain in the EEA host country on a short-term basis, but then to have remained there for a longer period while pursuing another activity. If that other activity meant that they had a right of residence for longer than 3 months in accordance with Article 7, or a right of permanent residence in accordance with Article 16, of the Directive, notwithstanding the British citizen’s original intentions, their residence must be considered genuine and in accordance with EU law. + + + +Equally, if the British citizen stated their original intention was to move to that EEA host country permanently, but they returned to live in the UK before they acquired a right of permanent residence in that host country, the simple fact they did not achieve their original intention does not necessarily detract from the genuineness of their residence. It must always be considered on a case-by-case basis. + + + +## Factors to consider + + + +Regulation 9(3) of the EEA Regulations sets out a number of factors which may help you consider whether the residence and exercise of free movement rights in the EEA host country was genuine: + + + +- + + +the length of the joint residence of the applicant and the qualifying British citizen in the EEA host country + + +- + + +the nature and quality of the accommodation of the applicant and the qualifying British citizen in the EEA host country, and whether it was the qualifying British citizen’s principal residence + + +- + + +the degree of integration of the applicant and the qualifying British citizen in the EEA host country + + +- + + +whether the applicant’s first lawful residence in the EEA or Switzerland with the qualifying British citizen was in the EEA host country + + + + + +This is not an exhaustive list of factors. You must conduct a rounded assessment of all the relevant information and evidence available to you to decide whether the residence and exercise of free movement rights in the EEA host country was genuine or artificial. + + + +## Length of joint residence in the EEA host country + + + +When considering whether the residence in the EEA host country was genuine, you must consider (together with all other relevant information and evidence) the length of joint residence in the EEA host country. + + + +Generally, the longer the period of joint residence in the EEA host country while the qualifying British citizen was in a position there equivalent to that of a qualified person or held a right of permanent residence, the more likely it is that the residence was genuine. For example, joint residence in the EEA host country for a period of 4 years while the British citizen was a worker is more likely to have been genuine than joint residence for 4 months while the British citizen was first on holiday and then briefly a student. + + + +It is important to consider the length of joint residence in the EEA host country together with all other relevant factors to establish if the residence was genuine. An application must not be refused solely based on a short period of joint residence in the EEA host country if other evidence points to the residence being genuine. + + + +## Principal residence + + + +When considering whether the residence in the EEA host country was genuine, you must consider (together with all other relevant information and evidence) the nature and quality of accommodation in the EEA host country and whether it was the qualifying British citizen’s principal residence. + + + +For example, a mortgaged home or long-term rented accommodation is more likely to indicate genuine residence than living at a hotel or a bed and breakfast or short stays with friends. + + + +The principal residence is the place and country where the qualifying British citizen’s life is primarily based. There is no requirement for the EEA host country to be the qualifying British citizen’s sole place of residence, and there is no requirement for them to have severed ties with the UK. + + + +It is important to consider the nature and quality of accommodation and principal residence together with all other relevant factors to establish if the residence in the EEA host country was genuine. An application must not be refused solely based on this factor if other evidence points to the residence being genuine. + + + +## Degree of integration in the EEA host country + + + +When considering whether the residence in the EEA host country was genuine, you must consider (together with all other relevant information and evidence) the degree of the applicant’s and the qualifying British citizen’s integration in the EEA host country. + + + +The more evidence there is of integration in the EEA host country, the more likely it is that the residence there was genuine. + + + +However, integration is not a requirement, and there is no requirement to have severed ties with the UK or for the British citizen’s ties to the EEA host country to be stronger than those to the UK. This means that an application must not be refused on the basis of an absence of evidence of integration if other evidence points to the residence in the EEA host country being genuine. + + + +When considering the degree of integration in the EEA host country of the applicant and the qualifying British citizen, the questions you may consider include: + + + +- + + +if the family includes any children, whether they were born or lived in the EEA host country and, if so, did they attend school there and were they otherwise involved in the local community? + + +- + + +were there any other family members resident in the EEA host country and were they working or studying there or otherwise involved in the local community? + + +- + + +how did the applicant spend their time in the EEA host country – is there evidence that they worked, volunteered, studied or contributed to the community in any other ways? + + +- + + +did the applicant and the qualifying British citizen immerse themselves in the life and culture of the EEA host country, for example: + + + +- + + +did they buy property there? + + +- + + +did they speak the language? + + +- + + +were they involved with the local community? + + +- + + +did they own a vehicle that was taxed and insured there? + + +- + + +were they registered with the local health service, a general practitioner, a dentist? + + + + + + + +This is not an exhaustive list and the applicant may provide alternative evidence of integration. However, the more of these factors present in a case, the more likely it is that the joint residence of the applicant and the qualifying British citizen in the EEA host country was genuine. + + + +It is important to consider the degree of integration together with all other relevant factors to establish if the residence in the EEA host country was genuine. An application must not be refused solely on the basis of this factor if other evidence points to the residence in the EEA host country being genuine. + + + +## ‘Family member’ or ‘extended family member’ status during joint residence in the EEA host country + + + +In accordance with regulation 9(2)(d) of the EEA Regulations, you must be satisfied that the applicant had the status of ‘family member’ or ‘extended family member’ during all or part of their joint residence with the qualifying British citizen in the EEA host country. The applicant must have been lawfully resident in the EEA host country for any period during which they were an ‘extended family member’. For the purposes of this assessment, ‘lawful residence’ means any of the following: + + + +- + + +they were a national of the EEA host country (for example a French citizen resident in France) + + +- + + +they were an EEA national exercising their free movement rights in the EEA host country (for example a German citizen who was a worker in Spain) + + +- + + +they had a right of residence in the EEA host country as the Article 2(2) (of the Directive) family member of a British citizen that was not disputed or restricted by the authorities of the EEA host country + + +- + + +they were in the EEA host country as the British citizen’s extended family member + + +- + + +they were granted leave to enter or remain (or an equivalent) under the domestic law of the EEA host country that has not been curtailed, revoked or otherwise invalidated + + + + + +You must use Free movement rights: family members of British citizens to consider whether the applicant was a family member or an extended family member of the British citizen while they resided together in the EEA host country. + + + +## Genuine family life created or strengthened in the EEA host country + + + +In accordance with regulation 9(2)(e) of the EEA Regulations, you must consider whether genuine family life was created or strengthened during the joint residence of the applicant and the qualifying British citizen in the EEA host country. + + + +It is not necessary that genuine family life between the British citizen and their family member must have existed prior to the British citizen’s exercise of free movement rights in the EEA host country; it is possible for this genuine family life to have been created after the British citizen had already moved there. In order for the family member to have a right of residence in the UK (if the route had not closed after 30 June 2021), you must be satisfied that genuine family life was created or strengthened (or both created and strengthened) during the time spent resident together in the EEA host country. + + + +Factors which may indicate that genuine family life was created include: + + + +- + + +where a marriage was contracted or a civil partnership was formed, provided it was not a marriage or civil partnership of convenience + + +- + + +where a partnership became durable (that is, akin to a marriage or civil partnership – normally after 2 years’ cohabitation: see the ‘Assessing family relationship’ section of EU Settlement Scheme, EU, other EEA and Swiss citizens and family members) + + +- + + +by a child’s birth or adoption which is recognised in UK law, which then established a family relationship, for example between parent and child + + + + + +Factors which may indicate that genuine family life was strengthened include: + + + +- + + +the passage of time once genuine family life has been created + + +- + + +other major life events, such as the birth or adoption of a child by 2 people who are married, in a civil partnership or in a durable partnership + + + + + +## Purpose of joint residence in the EEA host country + + + +In accordance with regulation 9(4)(a) of the EEA Regulations, you must consider whether the purpose of the joint residence in the EEA host country was as a means of circumventing any UK immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject. For example, the requirements in Appendix FM to the UK’s domestic Immigration Rules under which non-EEA national family members can apply to reside in the UK with a British citizen or otherwise settled person. + + + +This stage only applies where the family member or extended family member is a non-EEA national. You must not consider this stage if the applicant is an EEA national. This stage is designed to tackle an abuse of the requirements of any Immigration Rules to which a non-EEA national would otherwise be subject. + + + +If refusing on this basis, the burden of proof is on you to prove the abuse. It is not sufficient to conclude that the applicant has not shown that an abuse has not taken place. + + + +You must only refuse an application based on this provision where you have concluded both that: + + + +- + + +the residence in the EEA host state was not genuine + + +- + + +the motivation behind the joint residence in the EEA host country was solely for the purpose of bringing the applicant to the UK, circumventing any immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject + + + + + +However, you must not refuse based on this provision if either: + + + +- + + +the residence in the EEA host country was genuine, regardless of the motivation for residing there + + +- + + +circumventing the requirements of any immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject was only one of the reasons for residing in the EEA host country + + + + + +Your assessment may include, but is not limited to: + + + +- + + +the applicant’s immigration history – including previous applications for leave to enter or remain in the UK and whether they previously resided lawfully in the UK with the qualifying British citizen + + +- + + +where this is so, the reason the applicant did not apply to join the qualifying British citizen in the UK before the qualifying British citizen moved to the EEA host country + + +- + + +the timing and reason for the qualifying British citizen moving to the EEA host country + + +- + + +the timing and reason for the applicant moving to the EEA host country + + +- + + +the timing and reason for the family unit returning to the UK + + + + + + +Official – sensitive: start of section + + + + +The information in this section has been removed as it is restricted for internal Home Office use. + + + + +Official – sensitive: end of section + + + + +None of these factors are determinative, and you must not refuse an application solely on the basis that the family member has previously: + + + +- + + +not made an application for leave to enter or remain in the UK + + +- + + +been refused leave to enter or remain in the UK + + +- + + +remained in the UK beyond the expiry of a period of leave to enter or remain + + +- + + +been removed or deported from the UK + + + + + +You must consider their immigration history together with all other relevant factors to determine – in circumstances where the residence in the EEA host state was not genuine – whether the motivation behind the joint residence in the EEA host country was solely for the purpose of bringing the applicant to the UK, circumventing any immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject. + + + +For example, a non-EEA national obtains a visa to live and work in Ireland and meets a British citizen at their place of employment. After 2 years, they begin living together and a further year later, they marry. In this example, family life was created and strengthened when the non-EEA national was already lawfully resident in the EU, independently of the British citizen’s status. The British citizen’s residence in Ireland was genuine, meeting their future spouse was incidental, and the non-EEA national could not have applied to join the British citizen in the UK before the British citizen moved to Ireland. The purpose of the residence in Ireland was not as a means for circumventing any immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject. + + + +Contrast this with where a non-EEA national marries a British citizen while living in the UK unlawfully, and then makes an application for leave to remain as the spouse of a British citizen. This application is refused under Appendix FM to the Immigration Rules because the relevant requirements are not met. The couple then move to Italy together a month later. They live in ‘bed and breakfast’ accommodation, the British citizen finds work which you have concluded was neither genuine nor effective, but was marginal and ancillary, and they return to the UK after 4 months. In this scenario, the British citizen artificially created the conditions deriving from the Surinder Singh case law in order to circumvent the requirements of any immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject. + + + +If, after consideration of all the information and evidence available, you are satisfied on the balance of probabilities that the motivation behind the joint residence in the EEA host country, which was not genuine, was solely for the purpose of circumventing the requirements of any immigration laws applying to non-EEA nationals to which the applicant would otherwise be subject, in order to bring the applicant to the UK, they will not meet this requirement of Appendix EU. + + + +Otherwise, an intention to avoid the requirements of the Immigration Rules is not in itself sufficient to refuse the application. + + + +## 5.3 Related content + + Free movement rights: family members of British citizens - - - - - -## 5. Qualifying British citizen - - - -This section explains how to consider whether a British citizen meets the definition of ‘qualifying British citizen’ in Annex 1 to Appendix EU to the Immigration Rules. - - - -## 5.1 Return to the UK - - - -The following table sets out the date and time by which the British citizen must have returned to the UK with (or ahead of) the applicant in order to meet the definition of ‘qualifying British citizen’. The relevant date and time depend on the family relationship between them. - - - - -## Before 11pm on 31 December 2020 (or later where you are satisfied that there are reasonable grounds for the person’s failure to meet that deadline) - - - -Spouse or civil partner of a qualifying British citizen, where the marriage was contracted or the civil partnership was formed after 11pm on 31 January 2020 and before 11pm on 31 December 2020 (unless they were durable partners before 11pm on 31 January 2020 and the partnership remained durable at 11pm on 31 January 2020 – see second bullet point under Spouse or civil partner in the section Before 11pm on 29 March 2022). - - - -Durable partner of a qualifying British citizen, where the partnership was formed and was durable after 11pm on 31 January 2020 and before 11pm on 31 December 2020, and the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the qualifying British citizen). - - - -Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first row in this column, and the family relationship of the child or dependent parent to the spouse or civil partner existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). - - - -Dependent relative of a qualifying British citizen, or (as the case may be) of their spouse or civil partner as described in the first row in this column, where the family relationship and the person’s 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 applicant returned to the UK with the qualifying British citizen or (where you are satisfied that there are reasonable grounds for the person’s failure to meet the deadline of 11pm on 31 December 2020 for returning to the UK) before that deadline, and (in either case) the person’s dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continues to exist at the date of application (or did so for the period of residence in the UK relied upon). - - - -## Before 11pm on 29 March 2022 (or later where you are satisfied that there are reasonable grounds for the person’s failure to meet that deadline) - - - -Spouse or civil partner of a qualifying British citizen, where either: - - - -- - - -the marriage was contracted or the civil partnership was formed before 11pm on 31 January 2020 - - -- - - -the applicant was the durable partner of the qualifying British citizen before 11pm on 31 January 2020 (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before then) and the partnership remained durable at 11pm on 31 January 2020 - - - - - -Durable partner of a qualifying British citizen, where the partnership was formed and was durable before 11pm on 31 January 2020, and the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the qualifying British citizen). - - - -Child or dependent parent of a qualifying British citizen and the family relationship existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub- paragraphs (a)(iii) to (a)(xi) of that definition). - - - -Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first row in this column, and all the family relationships existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub- paragraphs (a)(iii) to (a)(xi) of that definition). + + + +EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members + + + +## 5.4 Related external links + + + +Appendix EU to the Immigration Rules + + + +Appendix EU (Family Permit) to the Immigration Rules + + + +Immigration (European Economic Area) Regulations 2016 + + + +Armed Forces Act 2006 + + + +ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 00281 (IAC) + + + +## 6. Family member of a qualifying British citizen + + + +Under Appendix EU, unless the applicant has a documented right of permanent residence, they must satisfy you, including by the required evidence of family relationship, that they are (or, as the case may be, for the relevant period were) either: + + + +- + + +a family member of a qualifying British citizen + + +- + + +a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen + + + + + +In addition, the applicant must, in accordance with the previous section, have satisfied in the European Economic Area (EEA) host country the conditions in regulation 9(2), (3) and (4)(a) of the EEA Regulations as the family member (F) to whom those provisions refer, or the conditions in regulation 9(1A)(b), (2), (3) and (4)(a) of the EEA Regulations as the extended family member (EFM) to whom those provisions refer, with, in either case, the qualifying British citizen being treated as the British citizen (BC) to whom those provisions refer. The conditions must be met both: + + + +- + + +before the end of the transition period at 11pm on 31 December 2020 + + +- + + +immediately before returning to the UK with (or following) the qualifying British citizen (save where the date of application is after the end of the transition period and those conditions concern matters relevant to the dependency of a child over the age of 21 or of a dependent parent, who, in either case, was dependent on the qualifying British citizen, or on their spouse or civil partner, before the end of the transition period) + + + + + +The exception is where the applicant is a child of the qualifying British citizen (or of their spouse or civil partner, as described in the table in the section below on Return to the UK) who, after the end of the transition period at 11pm on 31 December 2020, was born, was adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition. In such a case, the applicant had to meet the relevant requirements of regulation 9(2), (3) and (4)(a) of the EEA Regulations in the EEA host country immediately before returning to the UK with (or following) the qualifying British citizen, but not before the end of the transition period. + + + +## 6.1 Assessing ‘family member’ relationship + + + +See the ‘Assessing family relationship’ section of EU Settlement Scheme: EU, other EEA and Swiss citizens and family members. + + + +Where the date of application is after the end of the transition period at 11pm on 31 December 2020, and the applicant is a child over the age of 21 or a dependent parent of the qualifying British citizen (or of their spouse or civil partner), they only need to have been dependent on the qualifying British citizen (or on their spouse or civil partner) by 11pm on 31 December 2020. They do not also need to have been dependent on that person immediately before returning to the UK with the qualifying British citizen. In addition, where such a dependent parent is concerned, that dependency by 11pm on 31 December 2020 will be assumed, unless the qualifying British citizen was under the age of 18 at the end of the transition period. + + + +In some circumstances, applicants who apply under the EU Settlement Scheme as a durable partner or dependent relative of a qualifying British citizen must hold a relevant document for the period of residence relied upon: see ‘Relevant document’ in the ‘Who can apply’ section of EU Settlement Scheme: EU, other EEA and Swiss citizens and family members. The relevant document must have been issued on the basis that the applicant is an extended family member of the British citizen by virtue of regulation 9 of the EEA Regulations. + + + +Extended family members of qualifying British citizens have only been within scope of regulation 9 of the EEA Regulations since 29 March 2019 so applicants who apply under the scheme as a durable partner or dependent relative can only have been issued with a relevant document on that basis since that date. If you receive an application from an applicant who was erroneously issued with a relevant document as the extended family member of a British citizen under regulation 9 before 29 March 2019, you must email the EEA Citizens’ Rights & Hong Kong Unit for advice. + + + +Where the applicant applied for a relevant document under the EEA Regulations as the durable partner or dependent relative of the qualifying British citizen before 11pm on 31 December 2020 and their relevant document was issued on that basis after that date and time, they are deemed to have held the relevant document since immediately before that date and time. + + + +A durable partner of a qualifying British citizen does not need to hold a relevant document where they apply to the EU Settlement Scheme after 11pm on 31 December 2020 and either: + + + +- + + +they were not resident in the UK and Islands as the durable partner of the qualifying British citizen before 11pm on 31 December 2020 + + +- + + +they were resident in the UK and Islands before 11pm on 31 December 2020, their continuous qualifying period was then broken by absence or the serving of a sentence of imprisonment, and after that they were not resident in the UK and Islands again before 11pm on 31 December 2020. For further guidance on the absences that will break a continuous qualifying period, see sub-paragraph (b)(i) of the definition of continuous qualifying period in Annex 1 to Appendix EU + + +- + + +before 11pm on 31 December 2020 they had acquired a right of permanent residence in the UK (or the equivalent in the Islands) or had completed a 5 year continuous qualifying period in the UK and Islands, but since then they have been absent from the UK and Islands for more than 5 consecutive years and did not recommence residence in the UK and Islands again before 11pm on 31 December 2020 + + + + + +In addition, you must be satisfied by evidence provided by the applicant that the partnership was formed and was durable before, as the case may be, the date and time of withdrawal or 11pm on 31 December 2020. + + + +A dependent relative of a qualifying British citizen does not need to hold a relevant document where you are satisfied that there are reasonable grounds for their failure to meet the deadline of 11pm on 31 December 2020 for returning to the UK from the EEA host country with (or following) the qualifying British citizen. + + + +## 6.2 Family member who has retained the right of residence + + + +Where the applicant was a family member of a qualifying British citizen and is now applying as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, see also: the ‘Family member who has retained the right of residence’ section of EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members. + + + +## 6.3 Required evidence of family relationship in respect of the qualifying British citizen + + + +Where the applicant does not have a documented right of permanent residence, the required evidence of family relationship must also include proof of the qualifying British citizen’s identity and nationality in the form of their valid passport. ‘Valid’ means that the document is genuine and has not expired or been cancelled or invalidated. Where the applicant provides a copy of the qualifying British citizen’s valid passport, you can require the applicant to submit the original document where you have reasonable doubt as to the authenticity of the copy submitted. + + + +You may agree to accept alternative evidence of the qualifying British citizen’s 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. See: the ‘Alternative evidence of identity and nationality’ section of EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members. + + + +Where the applicant does not have a documented right of permanent residence, the required evidence of family relationship must also include evidence which satisfies you that the 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. + + + +## 6.4 Arrival in the UK + + + +The following table sets out the date and time by which the applicant must have arrived in the UK with (or following) the qualifying British citizen in order to meet the definition of ‘family member of a qualifying British citizen’. The relevant date and time depend on the family relationship between them. + + + +Where the date of application is on or after 9 August 2023, you can assume that this requirement concerning arrival in the UK is met. This is because, where the applicant does not already have pre-settled status under the EU Settlement Scheme as a family member of a qualifying British citizen, a valid application to the scheme as such a family member can only be made from 9 August 2023 by a person who entered the UK with an EU Settlement Scheme family permit issued in that capacity and has applied before the expiry of their converted leave to enter (or has reasonable grounds for their delay). + + + + +| + | Before 11pm on 31 December 2020 (or later where you are satisfied that there are reasonable grounds for the person’s failure to meet that deadline) + | Before 11pm on 29 March 2022 (or later where you are satisfied that there are reasonable grounds for the person’s failure to meet that deadline) + + + + +| + | Spouse or civil partner of a qualifying British citizen, where the marriage was contracted or the civil partnership was formed after 11pm on 31 January 2020 and before 11pm on 31 December 2020 (unless they were durable partners before 11pm on 31 January 2020 and the partnership remained durable at 11pm on 31 January 2020 – see second bullet point in this row of the next column). + | Spouse or civil partner of a qualifying British citizen, where either: + +- the marriage was contracted or the civil partnership was formed before 11pm on 31 January 2020 +- the applicant was the durable partner of the qualifying British citizen before 11pm on 31 January 2020 (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before then) and the partnership remained durable at 11pm on 31 January 2020 + + +| + | Durable partner of a qualifying British citizen, where the partnership was formed and was durable after 11pm on 31 January 2020 and before 11pm on 31 December 2020, and the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the qualifying British citizen). + | Durable partner of a qualifying British citizen, where the partnership was formed and was durable before 11pm on 31 January 2020, and the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the qualifying British citizen). + + +| + | Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first row in this column, and the family relationship of the child or dependent parent to the spouse or civil partner existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). + | Child or dependent parent of a qualifying British citizen and the family relationship existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). + + +| + | Dependent relative of a qualifying British citizen, or (as the case may be) of their spouse or civil partner as described in the first row of this column of this table, where the family relationship and the person’s 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 applicant returned to the UK with the qualifying British citizen or (where you are satisfied that there are reasonable grounds for the person’s failure to meet the deadline of 11pm on 31 December 2020 for returning to the UK) before that deadline, and (in either case) the person’s dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continues to exist at the date of application (or did so for the period of residence in the UK relied upon). + | Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first box in this column, and all the family relationships existed before 11pm on 31 January 2020 (unless after that date and time, in the case of a child, they were born, were adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition). + + @@ -18673,1859 +19616,852 @@ -Where a relevant family member (as set out in the second column of the table above) made a valid application for an EU Settlement Scheme family permit by 11pm on 29 March 2022, which was issued before that date (but the family could not reasonably make arrangements to return to the UK by then) or was issued after that date (including following an allowed appeal), this may constitute reasonable grounds for a qualifying British citizen to return to the UK with (or ahead of) the family member after 11pm on 29 March 2022. This will include where the qualifying British citizen remained overseas with the family member while the latter obtained their EU Settlement Scheme family permit. - - - -For further guidance on reasonable grounds for a qualifying British citizen to return to the UK with (or ahead of) the family member after 11pm on 29 March 2022, see Reasonable grounds for failing to meet the deadline for returning to the UK. - - - -## 5.2 Regulation 9(2), (3) and (4)(a) of the European Economic Area (EEA) Regulations - - - -Part of the definition of ‘qualifying British citizen’ requires that the British citizen satisfied regulation 9(2), (3) and (4)(a) of the European Economic Area (EEA) Regulations in the EEA host country (as the British citizen (BC) to whom those provisions refer, with the applicant being treated as the family member (F), or as the extended family member (EFM), to whom those provisions refer) both: - - - -- - - -before the end of the transition period at 11pm on 31 December 2020 - - -- - - -immediately before returning to the UK with (or ahead of) the applicant - - - - - -The exception is where the applicant is a child of the qualifying British citizen (or of their spouse or civil partner, as described in the table above) who, after the end of the transition period at 11pm on 31 December 2020, was born, was adopted in accordance with a relevant adoption decision or became a child within the meaning of that definition in Annex 1 to Appendix EU on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that definition. In such a case, the qualifying British citizen had to meet the relevant requirements of regulation 9(2), (3) and (4)(a) of the EEA Regulations in the EEA host country immediately before returning to the UK with (or ahead of) the applicant, but not before the end of the transition period. - - - -The rest of this section explains how to consider whether, before the end of the transition period at 11pm on 31 December 2020 (save where the previous paragraph applies) and immediately before returning to the UK with (or ahead of) the applicant, the British citizen satisfied regulation 9(2), (3) and (4)(a) of the EEA Regulations in the EEA host country. You do not need to repeat this consideration where the applicant is a person granted limited leave to enter or remain under Appendix EU as the family member of a qualifying British citizen who is now applying for indefinite leave to enter or remain under Appendix EU as the family member of that qualifying British citizen. - - - -## The applicant holds a relevant document issued or granted on or after 25 November 2016 - - - -You are not usually required to reassess whether, for the relevant period, the British citizen was a qualifying British citizen in the EEA host country, where the applicant holds a relevant document issued by the UK on or after 25 November 2016 under the EEA Regulations (which includes a relevant document issued under the Immigration (European Economic Area) Regulations 2006), or an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit), either: - - - -- - - -based on their relationship with a qualifying British citizen, and their scheme application is made as a family member of the same qualifying British citizen - - -- - - -as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen - - - - - -You must however reassess these requirements where there is information available to you that indicates the relevant document may have been incorrectly issued. - - - - -Official – sensitive: start of section - - - -The information in this section has been removed as it is restricted for internal Home Office use. - - - -Official – sensitive: end of section - - - - -## The applicant does not hold a relevant document issued or granted on or after 25 November 2016 - - - -Where either: - - - -- - - -the applicant does not hold a relevant document issued by the UK on or after 25 November 2016 under the EEA Regulations (which includes under the Immigration (European Economic Area) Regulations 2006), or an EU Settlement Scheme Family Permit granted under Appendix EU (Family Permit) - - -- - - -the applicant holds such a document issued on or after 25 November 2016 based on their relationship with a qualifying British citizen and their scheme application is either: +## Reasonable grounds for failing to meet the deadline for returning to the UK + + + +As set out in the table above, some eligible family members of a qualifying British citizen had until 11pm on 31 December 2020 to return to the UK from the EEA host country with the qualifying British citizen. Others had until 11pm on 29 March 2022 to do so. In either case, they can return to the UK from the EEA host country with the qualifying British citizen after that deadline where you are satisfied there are reasonable grounds for their failure to meet that deadline. + + + +In the case of a family member of a qualifying British citizen subject to the 29 March 2022 deadline to return to the UK from the EEA host country with the qualifying British citizen, where the family member was issued an EU Settlement Scheme (EUSS) family permit on the basis of a valid application under Appendix EU (Family Permit) made by 11pm on 29 March 2022, you may be satisfied there are reasonable grounds for their failure to meet the 29 March 2022 deadline. The applicant does not need to provide, and you do not need to consider, any further information as to why that deadline was not met. + + + +In the case of such a family member of a qualifying British citizen, where the family member was issued an EUSS family permit on the basis of a valid application under Appendix EU (Family Permit) made after 11pm on 29 March 2022 (because the entry clearance officer was satisfied there were reasonable grounds for their failure to meet the 29 March 2022 deadline for returning to the UK), you may be satisfied there are reasonable grounds for their failure to meet that deadline. The applicant does not need to provide, and you do not need to consider, any further information as to why that deadline was not met. + + + +Otherwise, where the applicant returned to the UK from the EEA host country with the qualifying British citizen after the deadline applicable to them, you will need to be satisfied on the information provided with the application there are reasonable grounds for the applicant’s failure to meet that deadline. + + + +Where you are satisfied there are reasonable grounds for the person’s failure to meet the applicable deadline for returning to the UK from the EEA host country with the qualifying British citizen, you must then consider the application under the remaining eligibility requirements and the suitability requirements of Appendix EU and in line with this guidance. + + + +## Examples of reasonable grounds for failing to meet the deadline for returning to the UK + + + +This section describes some circumstances in which you may be satisfied that, where the applicant returned to the UK from the EEA host country with the qualifying British citizen after the deadline applicable to them, there are reasonable grounds for the applicant’s failure to meet that deadline, but it is not exhaustive and every case must be considered in light of its particular circumstances. + + + +## Employment or study + + + +Where the qualifying British citizen or a relevant family member had an employment contract or was enrolled in a formal course of study in the EEA host country which continued to run beyond the applicable deadline and which terminated (including if it was terminated by them) within the period of 6 months following that deadline, that will constitute reasonable grounds for the applicant to have missed that deadline for returning to the UK from the EEA host country with the qualifying British citizen. Relevant evidence of this may include a letter from the relevant employer or college or a copy of the contract. + + + +Where a child of the qualifying British citizen (or of their spouse or civil partner) would have had to have been taken out of school in the EEA host country in the middle of a school term for the family to be able to return to the UK by the applicable deadline, that will constitute reasonable grounds for the applicant to have missed that deadline for returning to the UK from the EEA host country with the qualifying British citizen. Relevant evidence of this may include a letter from the relevant school or education authority. + + + +## Serious medical condition or significant medical treatment + + + +Where the qualifying British citizen or a relevant family member had a serious medical condition (or was undergoing significant medical treatment) ahead of the applicable deadline, that will normally constitute reasonable grounds for the applicant to have missed that deadline for returning to the UK from the EEA host country with the qualifying British citizen. + + + +A serious medical condition could include for example an illness or accident which meant that the person was hospitalised, bedbound or otherwise unable to travel ahead of the applicable deadline. + + + +Pregnancy or maternity may be a reason why the applicant was unable to meet the applicable deadline for returning to the UK from the EEA host country with the qualifying British citizen. This may be, for example, where a woman was unable to fly due to pregnancy or had a difficult childbirth or where a new-born child was in need of medical treatment. + + + +Evidence that a person had a serious medical condition (or was undergoing significant medical treatment), or there were relevant issues relating to pregnancy or maternity, ahead of the applicable deadline may include a letter from a doctor or other health professional confirming the circumstances. + + + +## Other compelling practical or compassionate reasons + + + +There may be other compelling practical or compassionate reasons as to why the applicant missed the applicable deadline for returning to the UK from the EEA host country with the qualifying British citizen. For example, the family may have been awaiting the outcome of a relevant adoption decision (as defined in Annex 1 to Appendix EU) where the adoption proceedings were initiated by 29 March 2022. + + + +## 6.5 Related content + + + +Free movement rights: family members of British citizens + + + +EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members + + + +## 6.6 Related external links + + + +Appendix EU to the Immigration Rules + + + +Appendix EU (Family Permit) to the Immigration Rules + + + +Immigration (European Economic Area) Regulations 2016 + + + +Section 3C of the Immigration Act 1971 + + + +## 7. Lawful residence in the UK + + + +You must follow the guidance in this section where you are considering whether an applicant qualifies, including by evidence provided by the applicant as part of the ‘required evidence of family relationship’, for: + + + +- + + +indefinite leave to enter (ILE) or indefinite leave to remain (ILR) under condition 3 of rule EU12 of Appendix EU of the Immigration Rules as a family member of a qualifying British citizen, or as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, on the basis of a continuous qualifying period of 5 years + + +- + + +ILE or ILR under condition 4 of rule EU12 as a child under the age of 21 of a qualifying British citizen’s spouse or civil partner who has been or is being granted ILE or ILR under the scheme + + +- + + +leave to enter (LTE) or leave to remain (LTR) under condition 2 of rule EU14 as a family member of a qualifying British citizen, or as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, on the basis of a continuous qualifying period of less than 5 years + + + + + +## 7.1 Lawfully resident, or in the UK lawfully, by virtue of regulation 9(1) to (6) + + + +For the purpose of considering an application under condition 3 of rule EU12 or condition 2 of rule EU14, you must be satisfied that, for any period in which they were present in the UK as the family member of a qualifying British citizen relied upon for a continuous qualifying period, the applicant was lawfully resident by virtue of regulation 9(1) to (6) of the European Economic Area (EEA) Regulations. This is regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations. + + + +For the purpose of considering an application under condition 4 of rule EU12, you must be satisfied that the applicant is in the UK lawfully by virtue of regulation 9(1) to (6) of the EEA Regulations. This is regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations. + + + +See Regulation 9(1) to (6) of the EEA Regulations for the text of regulation 9(1) to 9(6) as of 11pm on 31 December 2020. + + + +## Regulation 9(1) + + + +Regulation 9(1) provides that, where the conditions in regulation 9(2) are satisfied, the EEA Regulations apply to a person who is the family member of a British citizen as though the British citizen were an EEA national. + + + +Where you have considered Qualifying British citizen and Family member of a qualifying British citizen, you will already have considered the conditions at regulation 9(2) that need to be satisfied for regulation 9(1) to apply. You are not required to duplicate this consideration. + + + +## Regulation 9(1A) + + + +Regulation 9(1A) provides that the EEA Regulations apply to a person who is the extended family member of a British citizen as though the British citizen were an EEA national where two conditions are met. + + + +The first condition, at regulation 9(1A)(a), is that the conditions in regulation 9(2) are satisfied. Where you have considered Qualifying British citizen, you will already have considered regulation 9(2). You are not required to duplicate this consideration for the purposes of assessing regulation 9(1A)(a). + + + +The second condition, at regulation 9(1A)(b), that the extended family member was lawfully resident in the EEA host country, no longer applies. This reflects the Upper Tribunal judgment in Kutbuddin. + + + +## Regulation 9(2), (3) and (4) + + + +Regulation 9(2) sets out the conditions to be met with regard to the applicant’s and the qualifying British citizen’s residence in the EEA host country. One of those conditions is whether or not residence in the EEA host country was genuine, and regulation 9(3) sets out factors relevant to that consideration. + + + +Regulation 9(4)(a) provides that regulation 9 does not apply where the purpose of the residence in the EEA host country was as a means for circumventing any immigration laws applying to non-EEA nationals to which the family member or extended family member would otherwise be subject (such as any applicable requirement under the Immigration Act 1971 to have leave to enter or remain in the UK). + + + +Where you have considered Qualifying British citizen, you will already have considered regulation 9(2), (3) and (4)(a). You are not required to duplicate these considerations. + + + +Regulation 9(4)(b) has been deleted from the EEA Regulations and must not be considered. + + + +## Regulation 9(5) + + + +Regulation 9(5) provides that where the EEA Regulations apply to a family member or extended family member of a British citizen, the British citizen is to be treated as holding a valid passport issued by an EEA host country for the purposes of the application of the EEA Regulations to the family member or extended family member. You are not required to undertake a separate consideration of regulation 9(5). + + + +## Regulation 9(6) + + + +Regulation 9(6) provides that where a family member or extended family member of a British citizen relies on the British citizen having acquired the right of permanent residence in the EEA host country, the UK will only treat the British citizen as having acquired that right if their residence in the EEA host country would have led to the acquisition of that right under regulation 15, had it taken place in the UK. + + + +Where this applies, and you have considered Qualifying British citizen, you will already have considered regulation 9(6). You are not required to duplicate this consideration. + + + +## 7.2 Duration of lawful residence + + + +For the purpose of considering an application under condition 3 of rule EU12, if you are satisfied that, for any period in which they were present in the UK as the family member of a qualifying British citizen relied upon for a continuous qualifying period, the applicant was lawfully resident by virtue of regulation 9(1) to (6) (regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations), you must calculate the duration of that lawful residence, and separately of that continuous qualifying period, before moving on to Decision. See ‘Calculating the duration of lawful residence’ and ‘Continuous qualifying period’, below. + + + +## Calculating the duration of lawful residence + + + +To calculate the period the applicant has been lawfully resident by virtue of regulation 9(1) to (6) for the purposes of condition 3 of rule EU12, you must first establish the period(s) in which they were present in the UK and on which they rely for the purposes of condition 3 of rule EU12. + + + +Once you have done so, you must consider the qualifying British citizen’s residence in the UK during any periods in which the applicant was present in the UK and on which they rely for the purposes of condition 3 of rule EU12. You must consider whether the qualifying British citizen would, if they were an EEA national, meet (or have met) the requirements of regulation 13, 14 or 15 of the EEA Regulations during that periods (regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations). This includes not having broken the continuity of their residence under regulation 3 of the EEA Regulations. + + + +This is because if the British citizen was not resident in the UK, or if they have (or had) broken the continuity of their residence, during the periods) in which the applicant was present in the UK and on which they rely for the purposes of condition 3 of rule EU12, then the applicant cannot have been lawfully resident by virtue of regulation 9(1) to (6). However, you must not consider whether the British citizen was the equivalent of a ‘qualified person’ under regulation 6 of the EEA Regulations whilst residing in the UK. + + + +## Qualifying British citizen’s UK residence + + + +To calculate the duration of the qualifying British citizen’s residence in the UK since returning from the EEA host country, during any periods in which the applicant was present in the UK and on which they rely for the purposes of condition 3 of rule EU12, you must take into account any absences from the UK (which includes time spent in the Islands). See the ‘Assessing continuous residence’ section of EEA nationals – qualified persons for guidance on when continuity of residence is broken under the EEA Regulations. When applying the ‘Assessing continuous residence’ guidance, you must read ‘EEA national’ or ‘applicant’ as if it refers to the qualifying British citizen. If the qualifying British citizen has broken the continuity of their residence under regulation 3 during any periods in which the applicant was present in the UK and on which they rely for the purposes of condition 3 of rule EU12, then the applicant will have ceased to be lawfully resident by virtue of regulation 9(1) to (6). + + + +## Applicant’s UK residence + + + +Once you have established the duration of the qualifying British citizen’s residence in the UK by virtue of regulation 9(1) to (6) of the EEA Regulations since returning from the EEA host country, you must calculate the duration of the applicant’s residence in the UK by virtue of regulation 9(1) to (6). + + + +In doing so, you must take into account: + + + +- + + +that the applicant’s UK residence by virtue of regulation 9(1) to (6) can only start when, or after, the British citizen has started living in the UK on return from the EEA host country + + +- + + +only the periods during which the applicant was both present in the UK and lawfully resident by virtue of regulation 9(1) to (6) - the applicant cannot count any periods during which: - -made as a family member of the same qualifying British citizen but there is information available to you that indicates the document may have been incorrectly issued +they were not present in the UK - -made as a family member of a different qualifying British citizen - - - - - - - -You need to be satisfied, including by the required evidence of family relationship, that, before the end of the transition period at 11pm on 31 December 2020 and immediately before returning to the UK with (or ahead of) the applicant, the British citizen of whom the applicant claims to be (or, for the relevant period, to have been) a family member was a qualifying British citizen in the EEA host country. The rest of this section provides you with guidance on how to assess this. - - - -## The qualifying British citizen’s activity in the EEA host country - - - -In accordance with regulation 9(2)(a) of the EEA Regulations, you must be satisfied that the qualifying British citizen either: - - - -- - - -lived and exercised free movement rights under EU law as a worker, self- employed person, self-sufficient person or student (a ‘qualified person’ under the EEA Regulations) in the EEA host country by 11pm on 31 December 2020 and immediately before returning to the UK - - -- - - -acquired the right of permanent residence under EU law in the EEA host country by 11pm on 31 December 2020, generally requiring 5 years’ continuous residence there as a qualified person, before returning to the UK - - - - - -## Qualified person in the EEA host country - - - -Where the British citizen resided in the EEA host country for 3 months or less, they will not be a qualifying British citizen. - - - -Where the British citizen resided in the EEA host country for more than 3 months, you do not need to see evidence that they were the equivalent of a ‘qualified person’ during their first 3 months of residence. This is because the initial 3 month right of residence is unconditional, save that the British citizen must not have been an unreasonable burden on the EEA host country’s social assistance system. - - - -After the initial 3 month right of residence, you must be satisfied that the British citizen exercised free movement rights as an employed, self-employed or self- sufficient person or as a student, and was the equivalent of a ‘qualified person’ under regulation 6 of the EEA Regulations, in the EEA host country. - - - -The British citizen will not have been the equivalent of a ‘qualified person’ in the EEA host country for any period where they were a jobseeker unless this was during a period in which they had retained worker or self-employed status (see below). - - - -Presenting a registration certificate issued by the EEA host country would not, without further evidence, be sufficient to demonstrate that the British citizen was the equivalent of a ‘qualified person’ there. This is to ensure the British citizen met the underlying requirements of the directive, irrespective of whether the EEA host country issued residence documentation based on more favourable national provisions. - - - -Instead, you must consider whether the evidence provided with the application shows that the British citizen exercised free movement rights as: - - - -- - - -an employed person – by, for example, production of an employment contract, wage slips, letter from employers - - -- - - -a self-employed person – by, for example, contracts, invoices, audited accounts with bank statements, or evidence of payment of tax and other deductible contributions - - -- - - -a self-sufficient person – by, for example, bank statements (there must also be evidence of comprehensive sickness insurance for themselves and any family members) - - -- - - -a student – by, for example, a letter from the school, college or university (there must also be evidence of sufficient resources by, for example, bank statements and of comprehensive sickness insurance for themselves and any family members) - - - - - -For guidance on assessing whether the British citizen was the equivalent of a ‘qualified person’ in the EEA host country, see EEA nationals – qualified persons. - - - -For the avoidance of doubt, service as a member of HM Forces (as defined in the Armed Forces Act (2006), in a country listed in sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU, may satisfy the conditions of being a ‘worker’ for the purposes of the EEA Regulations in assessing whether the British citizen is a qualifying British citizen. - - - -In addition, for the purposes of the previous paragraph, sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU will be treated as referring also to the Sovereign Base Areas on Cyprus. The Sovereign Base Areas of Akrotiri and Dhekelia on Cyprus are to be considered part of an EEA host country for the purposes of these provisions, where an accompanying family member of a member of HM Forces, who was posted there before the end of the transition period, also meets the other requirements as a ‘family member of a qualifying British citizen’. - - - -Therefore, for these purposes, service as a member of HM Forces in a Sovereign - - - -Base Area can satisfy the conditions of being a ‘worker’ for the purposes of the EEA Regulations in assessing whether the British citizen is a qualifying British citizen. - - - -## Retained worker status in the EEA host country - - - -A British citizen will continue to be treated as an employed or self-employed person during a period of temporary unemployment in the EEA host country in certain circumstances. See ‘Retaining worker or self-employed person status’ in EEA nationals – qualified persons for guidance. - - - -## Right of permanent residence in the EEA host country - - - -Regulation 9(6) of the EEA Regulations provides that a British citizen is only to be treated as having acquired the right of permanent residence in the EEA host country if such residence would have met the requirements of regulation 15 of the EEA Regulations, had it taken place in the UK. See: the ‘Rights of