The statement of changes to the Immigration Rules CM9675 of 20/7/18 contains new Appendix EU to be added to the rules and in force on 28/8/18 for the initial test phase. This is voluntary and applies only to persons on the payroll of the 12 NHS Trusts, and students and persons on the payroll of Liverpool Hope University, Liverpool John Moores University, and The University of Liverpool. The scheme will be rolled out on a phased basis from late 2018, to be fully open by 30 March 2019 (further details over the summer).
This, with parallel measures Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018 and The Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018 is intended to align with the Statement of Intent on the EU Settlement Scheme of 21/6/18.
Appendix EU (see text in SoC) is structured as follows, in outline, by paragraphs:
- Annex 1: definitions
- EU2 to EU8: requirements and procedure for grants of settled status (ILR)
- EU9: validity requirements for applications
- EU11: eligibility requirements for settled status (ILR) for EU citizens and their family members, and EU12 for the family members of certain British citizens
- EU14: eligibility requirements for pre-settled status (5 years’ LTR)
- EU15 and EU16: basis on which an application under Appendix EU will or may be refused on grounds of serious criminality, other public policy considerations or deception, as reflected in the draft text of the Withdrawal Agreement.
Paragraph 1 of the SoC disapplies the general grounds for refusal in Part 9 for applications under App EU, except para 323(ii) 323. A person’s leave to enter or remain may be curtailed: … (ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted;
Appendix EU provides that:
- EU citizens and their family members who, by 31/12/20, have been continuously resident in the UK for five years will be eligible for ‘settled status’ (ILR).
- EU citizens and their family members who arrive by 31/12/20, but who have resided here for less than 5 years, will generally be eligible for ‘pre-settled status’ (five years’ limited leave to remain in the UK), enabling them to stay until they have reached the five-year threshold, then apply for settled status.
- Close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas will be able to join an EU citizen resident here after 31/12/20, where the relationship existed on that date and continues to exist when the person wishes to come to the UK. Provision for future children will be made, in line with the draft Agreement. A family member of a British citizen who is lawfully resident in the UK by 31/12/20 under Surinder Singh Reg 9 of the 2016 EEA Regulations will be eligible to apply under Appendix EU
The Explanatory Memorandum further states in paras 7.3-7 that
- the requirements in App EU accord with the Withdrawal Agreement except where the UK applies more favourable criteria
- beyond the Withdrawal Agreement terms there is no further discretion to refuse a valid application
- administrative burdens will be minimised by only requesting necessary information (!)
- Appendix EU is self-contained and displaces any provision made elsewhere in the Immigration Rules which would otherwise apply, e.g. in Part 1 (leave to enter or stay in the UK).
- nationals of Norway, Iceland, Liechtenstein are not covered by the draft Withdrawal Agreement, but the intention is to secure ‘a similar deal’ for them and for UK citizens living in those countries
- nationals of Ireland enjoy residence rights under the Common Travel Area arrangements between UK and ROI which are separate from the EU and not affected by the UK’s withdrawal, but they or their family members may apply under App EU if they wish