Immigration Rules

Immigration Rules: Immigration Rules Appendix Eu

gov.uk change note: Updated to reflect Statement of Changes HC 1691

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Headline

Immigration Rules Appendix EU has been reformatted with extensive changes to bullet point styling and table formatting, plus one new suitability ground for refusing applications where applicants assist others in immigration fraud.

Changes in detail

  1. Throughout the document — Bullet points changed from standard format (•) to dash format (-) in all paragraphs containing lists. This affects approximately 50+ instances across paragraphs EU2, EU2A, EU3, EU3A, EU4, EU8, EU9, EU13, EU15, and EU16.

  2. Throughout eligibility tables — Table formatting completely restructured from simple table format to markdown-style tables with pipe symbols (|) separating columns. This affects the condition tables in paragraphs EU11, EU11A, EU12, EU14, and EU14A, and the definitions table in Annex 1.

  3. Paragraph EU16(f) — New suitability ground added: "It is proportionate to refuse the application 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."

Practical implications

The new suitability ground in paragraph EU16(f) creates additional refusal risk for EU Settlement Scheme applications where there is evidence the applicant helped others commit immigration fraud after 31 December 2020. Practitioners should:

  • Review pending applications for any potential exposure to this ground
  • Advise clients about the risks of assisting others with fraudulent immigration applications
  • Consider whether any clients may need to withdraw applications if this ground could apply
  • Be aware the threshold is "more likely than not" rather than requiring criminal conviction

The timing limitation ("after the specified date") means pre-Brexit assistance with fraudulent applications would not trigger this ground.

Administrative changes

The extensive bullet point reformatting (standard bullets to dashes) and table restructuring using pipe symbols are purely cosmetic presentation changes with no substantive legal effect. These formatting changes affect most paragraphs containing lists and all eligibility condition tables but do not alter the legal requirements or procedures.

Diff

--- old
+++ new
@@ -581,7 +581,7 @@
         
 
 - (d) It is proportionate to refuse the application where the applicant is a relevant excluded person because of their conduct committed before the specified date and the Secretary of State is satisfied that the decision to refuse the application is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to that person (except that in regulation 27 for “with a right of permanent residence under regulation 15” and “who has a right of permanent residence under regulation 15” read “who has indefinite leave to enter or remain under, or who meets the requirements of paragraph EU11, EU11A or EU12 of, Appendix EU to the Immigration Rules”; and for “an EEA decision” read “a decision under paragraph EU16(d) of Appendix EU to the Immigration Rules”); or
 
         
 
-- (e) The applicant is a relevant excluded person because of conduct committed after the specified date,
 
+- (e) The applicant is a relevant excluded person because of conduct committed after the specified date; or
 
         
 
 - (f) It is proportionate to refuse the application 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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