Definitions in Appendix EU

Post by **vinny** » Mon Feb 15, 2021 10:07 pm

Definitions (violates drafting guidance)

Post by **vinny** » Tue Feb 16, 2021 1:08 am

adopted child

a child adopted in accordance with a relevant adoption decision

Post by **vinny** » Tue Feb 16, 2021 1:11 am

child

(a) the direct descendant under the age of 21 years of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen or of a relevant sponsor) or of their spouse or civil partner; or

(b)
(i) the direct descendant aged 21 years or over of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen or of a relevant sponsor) or of their spouse or civil partner; and

(ii) (unless the applicant was previously granted limited leave to enter or remain under paragraph EU3 or EU3A of this Appendix as a child on the basis that sub-paragraph (a) above applied or under its equivalent in the Islands on that basis) dependent on (as the case may be):
(aa) the relevant EEA citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date; or

(bb) on the qualifying British citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date; or

(cc) on the relevant sponsor (or on their spouse or civil partner) at the date of application

‘dependent’ means here that:
(a) having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner; and

(b) such support is, or (as the case may be) was, being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen or by the relevant sponsor) or by their spouse or civil partner; and

(c) there is no need to determine the reasons for that dependence or for the recourse to that support

in addition:
(a) ‘child’ includes:
(i) an adopted child of; or

(ii) a child born through surrogacy (where recognised in UK law or Islands law) for; or

(iii) a child in respect of whom a special guardianship order (within the meaning of section 14A(1) of the Children Act 1989) is in force appointing as their special guardian; or

(iv) a child in respect of whom an order has been made under section 5 of the Children Act 1989 appointing as their guardian; or

(v) a child subject to a permanence order made under section 80 of the Adoption and Children (Scotland) Act 2007 vesting parental responsibilities and parental rights in a person who is; or

(vi) a child who has a guardian appointed under section 7 of the Children (Scotland) Act 1995, or who is living with a person pursuant to an order made under section 11 of that Act, and that guardian or other person is; or

(vii) a child in respect of whom an order has been made under Article 159 of the Children (Northern Ireland) Order 1995, or in respect of whom an appointment has been made under Article 160 of that Order, appointing as their guardian a person who is; or

(viii) a child who has a guardian appointed under section 12 or 14 of the Children (Guernsey and Alderney) Law 2008 or section 12 or 13 of the Children (Sark) Law 2016, or who is living in the care of a person pursuant to an order made under section 14 of the 2008 Law or section 13 of the 2016 Law, and that guardian or other person is; or

(ix) a child in respect of whom an order under Article 7 of the Children (Jersey) Law 2002 is in force appointing as their guardian; or

(x) a child in respect of whom a special guardianship order (within the meaning of section 17A of the Children and Young Persons Act 2001 of Tynwald) has been made appointing as their special guardian; or

(xi) a child in respect of whom an order has been made under section 6 or 7 of the Children and Young Persons Act 2001 of Tynwald appointing as their guardian,
a relevant EEA citizen (or, as the case may be, a qualifying British citizen or a relevant sponsor) or their spouse or civil partner, but ‘child’ does not include a child cared for by a relevant EEA citizen (or, as the case may be, by a qualifying British citizen or by a relevant sponsor) or their spouse or civil partner solely by virtue of a formal or informal fostering arrangement; and

(b) ‘direct descendant’ also includes a grandchild or greatgrandchild, other than for the purpose of meeting condition 7 in the table in paragraph EU11 of this Appendix, condition 4 in the table in paragraph EU11A or condition 4 in the table in paragraph EU12; and

(c) ‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family member of a qualifying British citizen’ in this table, in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table or in the first subparagraph (a) (together with either the second sub-paragraph (a) or sub-paragraph (b)(i) or (b)(ii)) of the entry for ‘joining family member of a relevant sponsor’ in this table

Post by **vinny** » Tue Feb 16, 2021 1:19 am

civil partner

(a) the person is, or (as the case may be) for the relevant period was, in a valid civil partnership (which exists or existed under or by virtue of the Civil Partnership Act 2004 or under any equivalent legislation in the Islands); or is, or (as the case may be) for the relevant period was, in a relationship registered overseas which is, or was, entitled to be treated as a civil partnership under that Act or under any equivalent legislation in the Islands, with a relevant EEA citizen (or, as the case may be, with a qualifying British citizen or with a relevant sponsor); and

(b) it is, or (as the case may be) for the relevant period was, not a civil partnership of convenience; and

(c) neither party has, or (as the case may be) for the relevant period had, another civil partner, a spouse or a durable partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party

Post by **vinny** » Tue Feb 16, 2021 1:23 am

a civil partnership, durable partnership or marriage entered into as a means to circumvent:
(a) any criterion the party would have to meet in order to enjoy a right to enter or reside in the UK under the EEA Regulations; or

(b) any other provision of UK immigration law or any requirement of the Immigration Rules; or

(c) any criterion the party would otherwise have to meet in order to enjoy a right to enter or reside in the UK under EU law; or

(d) any criterion the party would have to meet in order to enjoy a right to enter or reside in the Islands under Islands law

Post by **vinny** » Tue Feb 16, 2021 7:30 am

continuous qualifying period

a period of residence in the UK and Islands (save in condition 3 in the table in paragraph EU12 of this Appendix; in condition 2 in the table in paragraph EU14 of this Appendix; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table; in sub-paragraph (c) of the entry for ‘person who has ceased activity’ in this table; and in the entry for ‘person with a derivative right to reside’ and for ‘person with a Zambrano right to reside’ in this table, where (in each case) the period of residence must be in the UK and the reference in subparagraphs (b)(i) and (ii) below to the UK and Islands is to be read as a reference to the UK):
(a) which, unless the person is a joining family member of a relevant sponsor, is a specified relevant person of Northern Ireland (or is the dependent relative of such a person) or relies on sub-paragraph (b)(i)(cc), (b)(i)(dd) or (b)(i)(ee) below, began before the specified date; and

(b) during which none of the following occurred:
(i) absence(s) from the UK and Islands which exceeded a total of six months in any 12-month period, except for:
(aa) a single period of absence which did not exceed 12 months and was for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting, or because of COVID-19); or

(bb) a single period of absence which did not exceed 12 months and which, although the absence was not originally for an important reason, is to be treated as being for an important reason as it exceeded six months because of COVID-19; or

(cc) (following a period of absence under sub-paragraph (b)(i)(aa) above because of COVID-19 or under sub-paragraph (b)(i)(bb) above) a second period of absence which did not exceed 12 months and was for an important reason (such as described in sub-paragraph (b)(i)(aa) above) which, save for caring for someone with a serious illness, was not because of COVID-19; where this is the case, the period of absence under this sub-paragraph exceeding six months will not count towards any period of residence in the UK and Islands on which the person relies; or

(dd) (following a period of absence under sub-paragraph (b)(i)(aa) above which, save for caring for someone with a serious illness, was not because of COVID-19) either a second period of absence which did not exceed 12 months and was for an important reason, where that reason was because of COVID-19, or a period of absence under sub-paragraph (b)(i)(bb) above; where this is the case, the period of absence under this sub-paragraph exceeding six months will not count towards any period of residence in the UK and Islands on which the person relies; or

(ee) a period of absence under sub-paragraph (b)(i)(aa), (b)(i)(bb), (b)(i)(cc) or (b)(i)(dd) above which exceeded 12 months because COVID-19 meant that the person was prevented from, or advised against, returning earlier; where this is the case, the period of absence under this sub-paragraph exceeding 12 months will not count towards any period of residence in the UK and Islands on which the person relies; or

(ff) any period of absence on compulsory military service; or

(gg) any period of absence on a posting on Crown service or (as a spouse, civil partner, durable partner or child) any period of absence accompanying a person on a posting on Crown service; or

(hh) any period spent working in the UK marine area (as defined in section 42 of the Marine and Coastal Access Act 2009); or

(ii) any period of absence due directly to an order or decision to which sub-paragraph (b)(iii) below refers, where that order or decision has been set aside or revoked; or

(ii) the person served or is serving a sentence of imprisonment of any length in the UK and Islands, unless the conviction which led to it has been overturned; or

(iii) any of the following in respect of the person, unless it has been set aside or revoked:
(aa) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the Immigration (European Economic Area) Regulations of the Isle of Man); or

(bb) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1) of the EEA Regulations (or the equivalent decision, subject to the equivalent qualification, under the Immigration (European Economic Area) Regulations of the Isle of Man); or

(cc) an exclusion decision; or

(dd) a deportation order, other than by virtue of the EEA Regulations; or

(ee) an Islands deportation order; or

(ff) an Islands exclusion decision; and

(c) which continues at the date of application, unless:
(i) the period is of at least five years’ duration; or

(ii)
(aa) the person acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations (or, where there are reasonable grounds for the person’s failure to meet the deadline applicable to them in the entry for ‘required date’ in this table, would have acquired such a right had the EEA Regulations not been revoked), or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man; or

(bb) the period relates to:
(aaa) a relevant EEA citizen, where, in relation to that EEA citizen, the applicant relies:
(i) for all or part of the period to which sub-paragraph (b) of condition 3 in the table in paragraph EU11 of this Appendix refers (or, as the case may be, for part of the period to which sub-paragraph (b) of condition 3 in the table in paragraph EU12 refers) on having been a family member of a relevant EEA citizen; or

(ii) on being or having been a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen,
provided (in any case) the period relating to that relevant EEA citizen continued (unless sub-paragraph (c)(i), (c)(ii)(aa), (c)(iii) or (c)(iv) of this entry applied to that relevant EEA citizen instead) either, as the case may be, throughout the period the applicant relies on in (i) as having been a family member of a relevant EEA citizen or, as relied on in (ii), until the applicant became a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or

(bbb) a relevant sponsor, where, in relation to that relevant sponsor, the applicant relies for all or part of the period to which sub-paragraph (b) of condition 1 in the table in paragraph EU11A of this Appendix refers on having been (or, as the case may be, relies for all or part of the period to which sub-paragraph (b)(ii) of the condition in the table in paragraph EU14A refers on being) a family member who has retained the right of residence by virtue of a relationship with a relevant sponsor, provided (in either case) the period relating to that relevant sponsor continued (unless sub-paragraph (c)(i), (c)(ii)(aa), (c)(iii) or (c)(iv) of this entry applied to that relevant sponsor instead) until the applicant became a family member who has retained the right of residence by virtue of a relationship with a relevant sponsor; or

(iii) the person has valid indefinite leave to enter or remain granted under this Appendix (or under its equivalent in the Islands); or

(iv) there is valid evidence of their indefinite leave to enter or remain; or

(v) a relevant reference is concerned
in addition, ‘relevant reference’ in sub-paragraph (c)(v) above means the reference to continuous qualifying period in:
- condition 6 in the table in paragraph EU11 of this Appendix;
- condition 3 in the table in paragraph EU11A of this Appendix;
- sub-paragraph (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table (as that reference applies to, as the case may be, the relevant EEA citizen, the qualifying British citizen or the relevant sponsor);
- where the date of application is on or after 1 July 2021, sub-paragraph (b)(i) of the applicable entry for ‘relevant EEA citizen’ in this table, where sub-paragraph (b)(ii)(aa) of that entry applies;
- where the date of application is on or after 1 July 2021, sub-paragraph (c) of the applicable entry for ‘relevant EEA citizen’ in this table (in so far as the reference in that sub-paragraph to sub-paragraph (a) of the entry for ‘relevant naturalised British citizen’ in this table is concerned), where sub-paragraph (c)(i) of the applicable entry for ‘relevant EEA citizen’ in this table applies;
- where the date of application is on or after 1 July 2021, sub-paragraph (d)(ii) of the applicable entry for ‘relevant EEA citizen’ in this table, where sub-paragraph (d)(iii)(aa) of that entry applies;
- where the date of application is on or after 1 July 2021, sub-paragraph (e)(i)(aa) of the applicable entry for ‘relevant EEA citizen’ in this table, where sub-paragraph (e)(i)(bb)(ccc) of that entry applies;
- where the date of application is on or after 1 July 2021, sub-paragraph (e)(ii)(aa) of the applicable entry for ‘relevant EEA citizen’ in this table, where sub-paragraph (e)(ii)(bb)(aaa) of that entry applies;
- where the date of application is on or after 1 July 2021, sub-paragraph (f)(i) of the applicable entry for ‘relevant EEA citizen’ in this table, where sub-paragraph (f)(ii)(aa) of that entry applies;
- sub-paragraph (b)(ii) of the entry for ‘relevant sponsor’ in this table, where sub-paragraph (b)(ii)(aa) of that entry applies;
- sub-paragraph (b)(iii) of the entry for ‘relevant sponsor’ in this table (where the reference to sub-paragraph (a) of the entry for ‘relevant naturalised British citizen’ in this table is concerned), where sub-paragraph (b)(iii)(aa) of the entry for ‘relevant sponsor’ in this table applies;
- sub-paragraph (b)(iv)(aa) of the entry for ‘relevant sponsor’ in this table, where sub-paragraph (b)(iv)(bb)(bbb) of that entry applies;
- sub-paragraph (b)(v)(aa) of the entry for ‘relevant sponsor’ in this table, where sub-paragraph (b)(v)(bb)(aaa) of that entry applies; and
- sub-paragraph (b)(vi) of the entry for ‘relevant sponsor’ in this table, where sub-paragraph (b)(vi)(aa) of that entry applies

Post by **vinny** » Tue Feb 16, 2021 7:34 am

Crown service

service as:
(a) a member of HM Forces (as defined in the Armed Forces Act 2006); or

(b) an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government; or

(c) a permanent member of the British Council

Post by **vinny** » Tue Feb 16, 2021 7:37 am

custody of a child

the child normally lives with the applicant or does so part of the time, and includes arrangements agreed informally and those which are subject to a court order for determining with whom the child is to live and when

Post by **vinny** » Tue Feb 16, 2021 7:39 am

date and time of withdrawal

https://www.immigrationboards.com/post1990824.html#p1990824 wrote:2300 GMT on 31 January 2020

Post by **vinny** » Tue Feb 16, 2021 7:44 am

date of application

the date on which the application is submitted under the required application process, which means:
(a) (in the case of the relevant on-line application form) the date on which that form is submitted on-line; or

(b) (in the case of a paper application form):
(i) the date of posting to the Home Office address specified on the form (where one is specified), as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or

(ii) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office address specified on the form (where one is specified); or

(iii) where the paper application form is sent by e-mail, the date on which it is recorded by Home Office e-mail software as received at the Home Office e-mail address specified on the form (where one is specified)

Post by **vinny** » Tue Feb 16, 2021 7:49 am

dependent parent

(a) the direct relative in the ascending line of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen or of a relevant sponsor) or of their spouse or civil partner; and

(b) (unless sub-paragraph (c) immediately below applies) dependent on (as the case may be):
(i) the relevant EEA citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the relevant EEA citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the relevant EEA citizen was under the age of 18 years at the specified date) that dependency is assumed; or

(ii) on the qualifying British citizen (or on their spouse or civil partner) at the date of application or, where the date of application is after the specified date, at the specified date, and (unless the qualifying British citizen is under the age of 18 years at the date of application or, where the date of application is after the specified date, the qualifying British citizen was under the age of 18 years at the specified date) that dependency is assumed; or

(iii) on the relevant sponsor (or on their spouse or civil partner) at the date of application and (unless the relevant sponsor is under the age of 18 years) that dependency is assumed where the date of application is before 1 July 2021; and

(c) this sub-paragraph applies (and the applicant therefore has to meet no requirement as to dependency) where:
(i) the applicant was previously granted limited leave to enter or remain under paragraph EU3 or EU3A of this Appendix as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated; or

(ii) the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted indefinite leave to enter or remain or limited leave to enter or remain under paragraph EU2, EU2A, EU3 or EU3A of this Appendix as a dependent parent of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or invalidated
‘dependent’ means here that:
(a) having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner; and

(b) such support is, or (as the case may be) was, being provided to the applicant by the relevant EEA citizen (or, as the case may be, by the qualifying British citizen or by the relevant sponsor) or by their spouse or civil partner; and

(c) there is no need to determine the reasons for that dependence or for the recourse to that support
in addition:
(a) ‘direct relative in the ascending line’ includes:
(i) a grandparent or great-grandparent; and

(ii) an adoptive parent of an adopted child; and

(b) ‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family member of a qualifying British citizen’ in this table, in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table or in the first sub-paragraph (a) (together with either the second sub-paragraph (a) or sub-paragraph (b)(i) or (b)(ii)) of the entry for ‘joining family member of a relevant sponsor’ in this table; and

(c) in respect of the reference in sub-paragraph (c)(ii) above to the spouse, civil partner or durable partner of the applicant, the entry for (as the case may be) ‘spouse’, ‘civil partner’ or ‘durable partner’ in this table applies, except that in the applicable entry ‘applicant’ is to be substituted for ‘relevant EEA citizen’ and sub-paragraph (b) of the entry for ‘durable partner’ in this table is to be disregarded

Post by **vinny** » Tue Feb 16, 2021 8:01 am

dependent relative

the person:
(a)
(i)
(aa) is a relative (other than a spouse, civil partner, durable partner, child or dependent parent) of their sponsoring person; and

(bb) is, or (as the case may be) for the relevant period was, a dependant of the sponsoring person, a member of their household or in strict need of their personal care on serious health grounds; or

(ii) is a person who is subject to a non-adoptive legal guardianship order in favour (solely or jointly with another party) of their sponsoring person; or

(iii) is a person under the age of 18 years (unless they were previously granted limited leave to enter or remain under paragraph EU3 of this Appendix as a dependent relative and were under 18 at the date of application for that leave) who:
(aa) is the direct descendant of the durable partner of their sponsoring person; or

(bb) has been adopted by the durable partner of their sponsoring person, in accordance with a relevant adoption decision; and

(b) holds a relevant document as the dependent relative of their sponsoring person for the period of residence relied upon (unless, in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(viii) of that entry in this table, the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline to which that sub-paragraph refers); for the purposes of this provision, where the person applies for a relevant document (as described in sub-paragraph (a)(i)(aa) or (a)(ii) of that entry in this table) as the dependent relative of their sponsoring person before the specified date and their relevant document is issued on that basis after the specified date APP EU14 (or where the person relies as their relevant document, as described in sub-paragraph (a)(iv) of that entry in this table, on an EU Settlement Scheme Family Permit granted to them under Appendix EU (Family Permit) to these Rules as a ‘dependent relative of a specified relevant person of Northern Ireland’, as defined in Annex 1 to that Appendix, they are deemed to have held the relevant document since immediately before the specified date
in addition, ‘sponsoring person’ means:
(a) (where sub-paragraphs (a)(i) and (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or

(ii) the spouse or civil partner (as described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table) of a relevant EEA citizen (in accordance with the applicable entry in this table); or

(iii) a qualifying British citizen; or

(iv) the spouse or civil partner (as described in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family member of a qualifying British citizen’ in this table) of a qualifying British citizen; or

(b) (where the first sub-paragraph (a)(ii) in this entry and sub-paragraph (b) above apply or the first sub-paragraph (a)(iii) in this entry and sub-paragraph (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or

(ii) a qualifying British citizen

Post by **vinny** » Tue Feb 16, 2021 8:06 am

deportation order

as the case may be:
(a) an order made under section 5(1) of the Immigration Act 1971 by virtue of regulation 32(3) of the EEA Regulations; or

(b) an order made under section 5(1) of the Immigration Act 1971 by virtue of section 3(5) or section 3(6) of that Act in respect of:
(i) conduct committed after the specified date; or

(ii) conduct committed by the person before the specified date, where the Secretary of State has decided that the deportation order 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 the person (except that in regulation 27 for “with a right of permanent residence under regulation 15” and “has a right of permanent residence under regulation 15” read “who, but for the making of the deportation order, meets the requirements of paragraph EU11, EU11A or EU12 of Appendix EU to the Immigration Rules”; and for “an EEA decision” read “a deportation decision”); or

(c) an order made under section 5(1) of the Immigration Act 1971 by virtue of regulation 15(1)(b) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020
in addition, for the avoidance of doubt, (b) includes a deportation order made under the Immigration Act 1971 in accordance with section 32 of the UK Borders Act 2007

Post by **vinny** » Tue Feb 16, 2021 8:12 am

documented right of permanent residence

the Secretary of State is satisfied from the information available to them that:
(a)
(i) the person has been issued by the Secretary of State with a document certifying permanent residence or a permanent residence card (and that permanent residence card was issued or renewed within the last 10 years) under regulation 19 of the EEA Regulations, or with a residence permit or residence document under the Immigration (European Economic Area) Order 1994 endorsed to show permission to remain in the UK indefinitely; and

(ii) this document or card is not invalid under regulation 19(4)(c); and

(iii) this document or card has not been revoked, and its renewal has not been refused, under regulation 24 (except where the revocation or refusal occurred because the person had been absent from the UK for a period of more than two, and no more than five, consecutive years); and

(iv) the person’s right to reside has not been cancelled under regulation 25; or

(b) the person has been given notice in writing under paragraphs 256 to 257A of the Immigration Rules of the Bailiwick of Guernsey showing that they may remain indefinitely, and this notice has not been revoked or otherwise ceased to be effective; or

(c) the person has been issued by the relevant Minister with a document in accordance with paragraphs 255 to 258 of the Immigration Rules of the Bailiwick of Jersey in an appropriate form certifying permanent residence or a permanent residence card, and this document or card has not been revoked or otherwise ceased to be effective; or

(d) the person has been issued with a letter certifying permanent residence, or their passport has been stamped to that effect, under the Immigration (European Economic Area) Regulations of the Isle of Man, and this evidence has not been revoked, invalidated or cancelled

Post by **vinny** » Tue Feb 16, 2021 8:19 am

durable partner

(a) the person is, or (as the case may be) for the relevant period was, in a durable relationship with a relevant EEA citizen (or, as the case may be, with a qualifying British citizen or with a relevant sponsor), with the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship); and

(b)
(i) the person holds a relevant document as the durable partner of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) for the period of residence relied upon; for the purposes of this provision, where the person applies for a relevant document (as described in sub-paragraph (a)(i)(aa) or (a)(ii) of that entry in this table) as the durable partner of the relevant EEA citizen or, as the case may be, of the qualifying British citizen before the specified date and their relevant document is issued on that basis after the specified date, they are deemed to have held the relevant document since immediately before the specified date; or

(ii) where the person is applying as the durable partner of a relevant sponsor (or, as the case may be, of a qualifying British citizen), or as the spouse or civil partner of a relevant sponsor (as described in sub-paragraph (a)(i)(bb) of the entry for ‘joining family member of a relevant sponsor’ in this table), and does not hold a document of the type to which sub-paragraph (b)(i) above applies, and where:
(aa) the date of application is after the specified date; and

(bb) the person:
(aaa) was not resident in the UK and Islands as the durable partner of a relevant EEA citizen (where that relevant EEA citizen is their relevant sponsor) on a basis which met the entry for ‘family member of a relevant EEA citizen’ in this table, or, as the case may be, as the durable partner of the qualifying British citizen, at (in either case) any time before the specified date, unless (in the former case):
- the reason why they were not so resident is that they did not hold a relevant document as the durable partner of that relevant EEA citizen for that period; and
- they otherwise had a lawful basis of stay in the UK and Islands for that period; or

(bbb) was resident in the UK and Islands before the specified date, and one of the events referred to in sub-paragraph (b)(i) or (b)(ii) of the entry for ‘continuous qualifying period’ in this table has occurred and after that event occurred they were not resident in the UK and Islands again before the specified date; or

(ccc) was resident in the UK and Islands before the specified date, and the event referred to in sub-paragraph (a) of the entry for ‘supervening event’ in this table has occurred and after that event occurred they were not resident in the UK and Islands again before the specified date,
the Secretary of State is satisfied by evidence provided by the person that the partnership was formed and was durable before (in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(i)(bb) or (a)(iii) of that entry in this table) the date and time of withdrawal and otherwise before the specified date; and

(c) it is, or (as the case may be) for the relevant period was, not a durable partnership of convenience; and

(d) neither party has, or (as the case may be) for the relevant period had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in the UK or the Islands based on that person’s relationship with that party
in addition, to meet condition 6 in the table in paragraph EU11 of this Appendix (or condition 3 in the table in paragraph EU11A), the above requirements are to be met with reference to the period immediately before the death of the relevant EEA citizen (or, as the case may be, of the relevant sponsor) rather than to the date of application

Post by **vinny** » Tue Feb 16, 2021 8:23 am

educational course

a general educational course, apprenticeship or vocational training course, as provided by regulation 10(7) of the EEA Regulations

Post by **vinny** » Tue Feb 16, 2021 8:27 am

EEA citizen

a person who is (and, throughout any continuous qualifying period relied upon, was):
(a)
(i) a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland; and

(ii) not also a British citizen; or

(b) a relevant naturalised British citizen; or

(c)
(i) a national of a country listed in sub-paragraph (a)(i) above; and

(ii) (where the applicant meets the criteria in paragraph 9 of Schedule 6 to the EEA Regulations as the family member (“F”) to whom that paragraph refers) a British citizen within the meaning of the person (“P”) to whom that paragraph refers; or

(d) a relevant person of Northern Ireland

Post by **vinny** » Tue Feb 16, 2021 8:29 am

EEA Regulations

(a) (where relevant to something done before 2300 GMT on 31 December 2020) the Immigration (European Economic Area) Regulations 2016 (as they had effect immediately before that date and time); or

(b) (where relevant to something done after 2300 GMT on 31 December 2020 and before 1 July 2021) the Immigration (European Economic Area) Regulations 2016 (as, despite the revocation of those Regulations, they continued to have effect, with specified modifications, by virtue of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020); or

(c) (where relevant to something done on or after 1 July 2021) the Immigration (European Economic Area) Regulations 2016 (as they had effect immediately before they were revoked and, where the context requires it, on the basis that those Regulations had not been revoked)

Post by **vinny** » Tue Feb 16, 2021 8:31 am

evidence of birth

(a) (in the case of a child) the full birth certificate(s) or other document(s) which the Secretary of State is satisfied evidences that the applicant is the direct descendant of (or otherwise a child of) the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, as described (as the case may be) in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family member of a qualifying British citizen’ in this table, in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table or in the first sub-paragraph (a) (together with either the second sub-paragraph (a) or sub-paragraph (b)(i) or (b)(ii)) of the entry for ‘joining family member of a relevant sponsor’ in this table; or

(b) (in the case of a dependent parent) the full birth certificate(s) or other document(s) which the Secretary of State is satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, as described in sub-paragraph (a) above

Post by **vinny** » Tue Feb 16, 2021 8:33 am

exclusion decision

a direction given by the Secretary of State that a person must be excluded from the UK:
(a) in respect of conduct committed after the specified date; or

(b) in respect of conduct committed by the person before the specified date, where the Secretary of State is satisfied that the direction 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 “has a right of permanent residence under regulation 15” read “who, but for the making of the exclusion direction, meets the requirements of paragraph EU11, EU11A or EU12 of Appendix EU to the Immigration Rules”; and for “an EEA decision” read “an exclusion direction”)

Post by **vinny** » Tue Feb 16, 2021 8:36 am

exclusion order

an order made under regulation 23(5) of the EEA Regulations

Post by **vinny** » Tue Feb 16, 2021 8:37 am

APP EU6.
family member of a qualifying British citizen

A person who has satisfied the Secretary of State, including by the required evidence of family relationship, that:

(a) they have (or, as the case may be, had) returned to the UK:

(i) before 11pm GMT on 29 March 2022 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the spouse or civil partner of a qualifying British citizen, and:

(aa) the marriage was contracted or the civil partnership was formed before the date and time of withdrawal; or

(bb) the applicant was the durable partner of the qualifying British citizen before the date and time of withdrawal (the definition of ‘durable partner’ in this table being met before then rather than at the date of application) and the partnership remained durable at the date and time of withdrawal; or

(ii) (where sub-paragraph (a)(i)(bb) above does not apply) before 11pm GMT on 31 December 2020 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the spouse or civil partner of a qualifying British citizen, and the marriage was contracted or the civil partnership was formed after the date and time of withdrawal and before 11pm GMT on 31 December 2020; or

(iii) before 11pm GMT on 29 March 2022 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the durable partner of a qualifying British citizen, and:

(aa) the partnership was formed and was durable before the date and time of withdrawal; and

(bb) 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); or

(iv) before 11pm GMT on 31 December 2020 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the durable partner of a qualifying British citizen, and:

(aa) the partnership was formed and was durable after the date and time of withdrawal and before 11pm GMT on 31 December 2020; and

(bb) 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); or

(v) before 11pm GMT on 29 March 2022 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the child or dependent parent of a qualifying British citizen, and the family relationship existed before the date and time of withdrawal (unless, in the case of a child, the person was born thereafter, was adopted thereafter in accordance with a relevant adoption decision or thereafter became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); or

(vi) before 11pm GMT on 29 March 2022 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the child or dependent parent of the spouse or civil partner of a qualifying British citizen (as described in sub-paragraph (a)(i) above), and all the family relationships existed before the date and time of withdrawal (unless, in the case of a child, the person was born thereafter, was adopted thereafter in accordance with a relevant adoption decision or thereafter became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); or

(vii) before 11pm GMT on 31 December 2020 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the child or dependent parent of the spouse or civil partner of a qualifying British citizen (as described in sub-paragraph (a)(ii) above), and the family relationship of the child or dependent parent to the spouse or civil partner existed before the date and time of withdrawal (unless, in the case of a child, the person was born thereafter, was adopted thereafter in accordance with a relevant adoption decision or thereafter became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); or

(viii) before 11pm GMT on 31 December 2020 (or later where the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet that deadline), as the dependent relative of a qualifying British citizen, or (as the case may be) of their spouse or civil partner as described in sub-paragraph (a)(i) or (a)(ii) above, and that family relationship and (in sub- paragraph (a)(i)(bb) of the entry for ‘dependent relative’ in this table) 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 the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline of 11pm GMT on 31 December 2020 for returning to the UK) before 11pm GMT on 31 December 2020, 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); and

(b) they satisfied 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, as the case may be, the conditions in regulation 9(1A)(b), (2), and (4)(a) of the EEA Regulations (as the extended family member (“EFM”) to whom those provisions refer), in either case doing so:

(i) (save in the case of a child as described in sub-paragraph (a)(v), (a)(vi) or (a)(vii) above who was born after 11pm GMT on 31 December 2020, was adopted thereafter in accordance with a relevant adoption decision or thereafter became a child within the meaning of that entry in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry) before 11pm GMT on 31 December 2020; and

(ii) (save where the date of application is after 11pm GMT on 31 December 2020 and where those conditions concern matters relevant to the dependency referred to in sub-paragraph (b)(ii)(bb) of the entry for ‘child’ in this table or in sub-paragraph (b)(ii) of the entry for ‘dependent parent’ in this table) immediately before returning to the UK with (or following) the qualifying British citizen (who is to be treated as the British citizen (“BC”) to whom those provisions refer); and

(c) (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 family relationship continues to exist at the date of application”.

Post by **vinny** » Tue Feb 16, 2021 9:05 am

family member of a relevant EEA citizen

a person who does not meet the definition of ‘joining family member of a relevant sponsor’ in this table, and who has satisfied the Secretary of State, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were:
(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or

(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application), and the partnership remained durable at the specified date; or

(b) the durable partner of a relevant EEA citizen, and:
(i) the partnership was formed and was durable before the specified date; and

(ii) the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the relevant EEA citizen); or

(c) the child or dependent parent of a relevant EEA citizen, and the family relationship existed before the specified date; or

(d) the child or dependent parent of the spouse or civil partner of a relevant EEA citizen (as described in sub-paragraph (a) above), and the family relationship existed before the specified date; or

(e) the dependent relative, before the specified date, of a relevant EEA citizen (or of their spouse or civil partner, as described in sub-paragraph (a) above) and the dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continues to exist at the date of application (or did so for the period of residence relied upon)
in addition, where the applicant does not rely on meeting condition 1, 3, or 6 of paragraph EU11 of this Appendix, or on being a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, the family relationship continues to exist at the date of application

Post by **vinny** » Tue Feb 16, 2021 9:10 am

family member who has retained the right of residence

a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (e) below are met and that since satisfying those requirements the required continuity of residence has been maintained:
(a) the applicant is an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) or non-EEA citizen who:
(i) was, as the case may be, the family member of a relevant EEA citizen (or of a qualifying British citizen), or the joining family member of a relevant sponsor, and that person died; and

(ii) was resident, as the case may be, as the family member of a relevant EEA citizen (or of a qualifying British citizen), or as the joining family member of a relevant sponsor, for a continuous qualifying period in the UK of at least a year immediately before the death of that person; or

(b) the applicant is an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) or non-EEA citizen who:
(i) is the child (including where they are a joining family member of a relevant sponsor) of:
(aa) a relevant EEA citizen (or, as the case may be, of a qualifying British citizen or of a relevant sponsor) who has died or of their spouse or civil partner immediately before their death; or

(bb) a person who ceased to be a relevant EEA citizen (or, as the case may be, a qualifying British citizen or a relevant sponsor) on ceasing to reside in the UK or of their spouse or civil partner at that point; and

(ii) was attending an educational course in the UK immediately before the relevant EEA citizen (or, as the case may be, the qualifying British citizen or the relevant sponsor) died or ceased to be a relevant EEA citizen (or, as the case may be, a qualifying British citizen or a relevant sponsor), and continues to attend such a course; or

(c) the applicant is an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) or non-EEA citizen who is the parent with custody of a child who meets the requirements of sub-paragraph (b) above and the child is not a joining family member of a relevant sponsor; or

(d) the applicant (“A”) is an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) or non-EEA citizen who:
(i) ceased to be, as the case may be, a family member of a relevant EEA citizen (or of a qualifying British citizen), or a joining family member of a relevant sponsor, on the termination of the marriage or civil partnership of that relevant EEA citizen (or, as the case may be, of that qualifying British citizen or of that relevant sponsor); for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen (or, as the case may be, that qualifying British citizen ceased to be a qualifying British citizen, or that relevant sponsor ceased to be a relevant sponsor), they will be deemed to have remained a relevant EEA citizen (or, as the case may be, a qualifying British citizen or a relevant sponsor) until that termination; and

(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and

(iii) one of the following applies:
(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or

(bb) A has custody of a child of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor); or

(cc) A has the right of access to a child of the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor), where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or

(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting; or

(e) the applicant (“A”) is an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) or non-EEA citizen who:
(i) provides evidence that a relevant family relationship with a relevant EEA citizen (or, as the case may be, with a qualifying British citizen or with a relevant sponsor) has broken down permanently as a result of domestic violence or abuse; and

(ii) was resident in the UK when the relevant family relationship broke down permanently as a result of domestic violence or abuse, and the continued right of residence in the UK of A is warranted where A or another family member has been a victim of domestic violence or abuse before the relevant family relationship broke down permanently
in addition:
(a) ‘relevant family relationship’ in sub-paragraph (e) above means a family relationship with a relevant EEA citizen (or, as the case may be, with a qualifying British citizen or with a relevant sponsor) such that the applicant is, or (immediately before the relevant family relationship broke down permanently as a result of domestic violence or abuse) was, as the case may be, a family member of a relevant EEA citizen (or of a qualifying British citizen), or a joining family member of a relevant sponsor; and

(b) where sub-paragraph (e) above applies, then, where, following the permanent breakdown of the relevant family relationship as a result of domestic violence or abuse, the applicant remains, as the case may be, a family member of a relevant EEA citizen (or of a qualifying British citizen), or a joining family member of a relevant sponsor, they will be deemed to have ceased to be such a family member for the purposes of this Appendix once the permanent breakdown occurred; and

(c) ‘required continuity of residence’ means that, where the applicant has not completed a continuous qualifying period of five years (and does not have valid evidence of their indefinite leave to enter or remain, and has not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man), then, since the point at which (where they do so) they began to rely on being in the UK and Islands as a family member who has retained the right of residence and while they continued to do so, one of the events referred to in sub-paragraph (b)(i) or (b)(ii) in the definition of ‘continuous qualifying period’ in this table has not occurred

Post by **vinny** » Tue Feb 16, 2021 9:12 am

frontier worker

a person who:
(a) is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland; and

(b) is not a British citizen; and

(c) satisfies the Secretary of State by relevant evidence of this that they fulfil the relevant conditions of being a frontier worker set out in the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and that they have done so continuously since the specified date; and

(d) has not been (and is not to be) refused admission to, or removed from, the UK by virtue of regulations of the type to which sub-paragraph (c) above refers

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