After Brexit, the consolidated form of the Immigration Rules now includes Appendix EU Family Permit for non-EEA nationals. They want to join their European Economic Area citizen national family members in the UK after March 29, 2019.
This article summarizes the immigration requirements that non-EEA nationals must meet to accompany. It also includes a person who wants to join a British citizen or permanent resident who is a European Economic Area citizen national. Please don’t hesitate to contact our Immigration team for more in-depth immigration guidance or help with an application of this nature.
Appendix EU
The Immigration Rules include Appendix EU. This is the United Kingdom’s method of putting the Withdrawal Agreement into effect. Those who have cleared for Appendix EU must petition for either”pre-settled status” or “settled status”. So, the term “continuously resident” refers to someone who has not spent more than six months outside the United Kingdom.
Possibility of Gaining Legal Permanent Residency
Under the European Economic Area citizen Regulations, obtaining a permanent residence certificate is no longer possible. To maintain your rights as a permanent resident in the United States, you must file for settled status under Appendix EU by June 30, 2021. The Home Office released a statement in August 2021 reassuring applicants that their rights would be protected pending the outcome of their application and any appeals.
Reasonable grounds will be determined on a case-by-case basis, with the specifics of each instance considered, as confirmed by the Home Office’s guidance. The Home Office provides some examples of valid excuses for submitting a late application, such as the following:
- Minors in cases where a responsible adult has missed a date;
- Other compelling practical or compassionate reasons include the inability to acquire identification and nationality. It may also include residence documentation because of the Covid-19 pandemic.
- Capacity or need for physical or emotional care or support; Severe illness or treatment; Modern-day slavery victim. It may be an Abusive or controlling relationship or situation;
Appendix EU procedure
You can do so online in most instances to apply under Appendix EU, though applicants from certain non-EEA countries will need to submit paper forms instead.
There is no registration fee. So, You should be ensured to get back your payment if you have already applied under the program and submitted the fee.
You’ll need these items to bolster your application:
- Documentation of your identification, such as a passport, national ID card, or biometric residence permit
- Documentation of your UK address
- A national insurance number verifies a British nationality or residency date.
If you do not have any country insurance number or your NI record has voids. The candidate will have to give another proof of her United Kingdom living status. So, You need only show that you were a UK resident until the day before the deadline to be covered by Appendix EU.
You will also need proof of your family connection if you are not a European Union, the European Economic Area, or Switzerland resident.
UK Visa Requirements on the behalf of Appendix EU
- Applicants must submit a valid application through the application process on the GOV.UK website. It includes evidence of identity, nationality, and biometric data;
- No rejection should be made based on the applicant’s qualifications.
- Applicants must meet the following eligibility requirements.
- The applicant is not a citizen of the European Economic Area;
- An applicant is a family person of a related European Economic Area citizen;
- The applicant has not been granted an entry visa under this Appendix or has an EEA Family Permit. It was issued under the EEA Regulations.
- The relevant European Economic Area resident is a United Kingdom national. Because, it will travel to the United Kingdom within six months of the applied day;
- The person who applied will be joining the European Economic Area national family member or members in the United Kingdom;
The EU Family Permit would give the applicant entry clearance for six months if approved. Those who meet the immigration requirements outlined in Appendix EU of the Rules may petition for ILR in the United Kingdom upon arrival.
It is possible to revoke a visa issued under Appendix EU (Family Permit). It includes if the applicant is the target of an exclusion order, exclusion decision, or Islands exclusion decision too.
Visa Application Requirement
- When an application does not meet the standards outlined in EU9, as per EU10, it must be considered invalid and denied. This goes against the government’s stated goal of allowing for discretionary proof”enabling caseworkers to exercise discretion in favor of the person who applied for a visa where appropriate, to less the official workload” (1.15 and 5.15 SOI). We suggest rephrasing EU10 so that the prerequisite is optional, such as using “may” instead of “will” and referencing the need for proportionality in making decisions.
- Our recommendation in section 6.3 is that an appeal be granted when an application is denied on the grounds of EU9/10. Otherwise, EU citizens applying under various immigration categories would be treated less favorably than TCN citizens.
- It is the position of the ILPA that applicants who cannot pay the application fee and, therefore, in cases where biometric data is needed, the biometric price should be exempt from paying these costs.
How to get Succeed?
Three stipulations must be met in an application:
A valid identification document showing your EEA nationality or that of a family member is required. A record of uninterrupted residency in the UK for the past five years before the “cut-off” date. For example, (DEAL = December 31, 2020, NO DEAL = October 31, 2019) for “settled status” rather than “pre-settled status” Verification of previous criminal history.
What are the repercussions of a rejected application?
- Rejecting a request without giving the applicant a chance to provide supporting documentation is unacceptable.
- Suppose your application is denied or you are incorrectly given status. In that case, you can request an administrative review for a refundable £80 charge within 28 days.
- To those denied DEAL status, there is an appeals process through the Full Tribunal of the Merits (FTT).
- No right of appeal in the case of NO DEAL outside of Switzerland, Norway, Liechtenstein, and Iceland. So, it is necessary to file a petition for court review in Utah. (limited to reviewing errors of law)
