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OISC 2: Appendix EU > Appendix EU > Flashcards

Appendix EU Flashcards

1
Q

Who can apply to the EU Settlement Scheme?

A

Citizens from the EU, Norway, Iceland, Liechtenstein, Switzerland, and family members who were living in the UK by 31 December 2020 could apply.

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2
Q

What are the two types of status under the EU Settlement Scheme?

A

Settled status and pre-settled status.

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3
Q

What are the requirements for settled status?

A

Five years of continuous residence in the UK without significant absences.

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4
Q

What is the difference between settled and pre-settled status?

A

Settled status is for those with five years of continuous residence, while pre-settled status is for those with less than five years of residence.

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5
Q

What are the continuous residence rules for settled status?

A

Applicants must not have left the UK for more than six months in any 12-month period within five years. Exceptions apply for important reasons like pregnancy or illness.

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6
Q

What is pre-settled status, and how does it work?

A

Pre-settled status allows applicants to stay in the UK until they reach five years of residence, after which they can apply for settled status.

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7
Q

What is the exception for COVID-related absences under the continuous residence rule?

A

An absence of more than 12 months due to COVID-19 may be allowed if the applicant can prove they were unable to return due to external factors.

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8
Q

What are the key steps in the EU Settlement Scheme application process?

A

Proving identity, nationality, residence, and passing a criminal record check.

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9
Q

What decision outcomes can result from an EU Settlement Scheme application?

A

Grant of settled or pre-settled status, or refusal based on eligibility or suitability.

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10
Q

Who can sponsor a family member under the EU Settlement Scheme?

A

An EU citizen with pre-settled or settled status, or in some cases a British citizen who lived in the EU before 2021.

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11
Q

What are the two categories of family members under the EU Settlement Scheme?

A

Close family members (spouse, child, grandchild etc.) and extended family members (dependents, durable partners, etc.).

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12
Q

What are joining family members and how can they apply?

A

Family members who were living abroad on 31 December 2020 can apply as joining family members to come to the UK.

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13
Q

What are retained rights of residence and how can they apply?

A

Family members who no longer have an EU citizen sponsor due to death or relationship breakdown can apply based on retained rights of residence.

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14
Q

What are the rules for late applications to the EU Settlement Scheme?

A

Late applications are allowed in exceptional circumstances, such as serious health conditions or local authority care situations.

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15
Q

Give an example of reasonable grounds for a late application.

A

A local authority assumed an applicant was a British citizen, but they were actually an EU citizen and missed the deadline.

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16
Q

How do criminal convictions impact EU Settlement Scheme applications?

A

Pre-Brexit offenses may offer stronger protection against deportation, but post-Brexit offenses follow stricter UK laws with fewer protections.

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17
Q

What is the process for handling refusals based on criminal convictions?

A

The Home Office refers criminal cases to Immigration Enforcement for a decision on deportation before making a settlement decision.

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18
Q

What are the options if an EU Settlement Scheme application is refused?

A

Applicants can submit a new application or appeal the decision through the immigration tribunal.

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19
Q

How can an applicant appeal a refusal decision?

A

Applicants in the UK have 14 days to appeal a decision to the immigration tribunal.

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20
Q

What are the main differences between pre- and post-Brexit criminal offenses regarding settlement status?

A

Pre-Brexit offenses have stronger legal protections; post-Brexit offenses face UK deportation laws with fewer protections.

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21
Q

What is the role of Appendix EU in the EU Settlement Scheme?

A

Appendix EU contains the criteria and definitions relevant to the EU Settlement Scheme.

22
Q

What document should be referred to for definitions related to the EU Settlement Scheme?

A

Annex 1 of Appendix EU provides key definitions related to the EU Settlement Scheme.

23
Q

How long must someone be continuously resident in the UK to apply for settled status?

A

Five continuous years of residence in the UK are required for settled status.

24
Q

What is the deadline for EU citizens and their family members to apply to the EU Settlement Scheme?

A

The deadline was 30 June 2021 for most applicants, but late applications can be accepted in certain cases.

25
Q

What happens if someone misses the deadline for the EU Settlement Scheme?

A

They can apply late if they have reasonable grounds, such as illness or local authority care.

26
Q

What is the difference between a family member’s application and an individual application?

A

Family members must prove their relationship to the EU citizen and apply either alongside or separately.

27
Q

How does the automated residence check work in the EU Settlement Scheme?

A

It checks the applicant’s National Insurance records to confirm their residence.

28
Q

What should an applicant do if the automated check shows incomplete residence?

A

They must upload additional documents proving their residence during the missing years.

29
Q

What documents are acceptable as evidence of residence under the EU Settlement Scheme?

A

Utility bills, council tax statements, and tenancy agreements are examples of acceptable documents.

30
Q

What should an applicant avoid when submitting evidence of residence?

A

Applicants should avoid submitting informal or unverified documents such as letters from friends.

31
Q

What is the significance of the ‘continuous qualifying period’ in settled status applications?

A

It refers to the five years of residence required for settled status.

32
Q

What is a Certificate of Application (CoA), and why is it important?

A

A CoA proves an applicant’s rights to work, rent, and access healthcare while the application is under review.

33
Q

How does the Home Office handle missing or incomplete evidence in applications?

A

The Home Office requests additional information from applicants and gives them several opportunities to submit it.

34
Q

What steps must a durable partner take to apply under the EU Settlement Scheme?

A

They must prove the relationship was established by 31 December 2020 and submit documents showing the durability of the relationship.

35
Q

What is the EUSS biometric residence card, and who is eligible for it?

A

Non-EU nationals who are granted pre-settled or settled status receive an EUSS biometric residence card.

36
Q

What rights do individuals with settled status have in the UK?

A

They can live, work, and access healthcare and other benefits in the UK on the same basis as British citizens.

37
Q

What happens if a pre-settled status holder fails to apply for settled status before their pre-settled status expires?

A

They will receive a five-year extension to their pre-settled status automatically, but they must still apply for settled status.

38
Q

How are joining family members treated differently from close family members?

A

Joining family members can apply from abroad, while close family members must have been living in the UK before 31 December 2020.

39
Q

What is the importance of a family permit for non-EU family members?

A

It allows them to enter the UK and apply for status within three months of arrival.

40
Q

What happens if an EU citizen with settled status passes away?

A

Their family members can apply to retain residence if they have lived in the UK for at least one year before the EU citizen’s death.

41
Q

How does the Home Office determine if someone has retained their right to reside?

A

By assessing whether the person meets the eligibility criteria, such as continuous residence or retained rights.

42
Q

How does the EU Settlement Scheme address victims of domestic abuse?

A

Victims of domestic abuse can apply to retain residence even if their relationship with the EU sponsor has ended.

43
Q

How does an applicant prove their relationship to an EU sponsor?

A

A marriage certificate or birth certificate can be used to prove the relationship.

44
Q

What should an applicant do if they are wrongly granted pre-settled status instead of settled status?

A

They can submit a new application with more evidence or appeal the decision.

45
Q

How does the Home Office process urgent EU Settlement Scheme applications?

A

They can request expedited processing for vulnerable individuals, such as children or those without access to public support.

46
Q

What is the role of the Settlement Resolution Centre in the EU Settlement Scheme?

A

It helps applicants with urgent needs by requesting fast-track processing for their application.

47
Q

What are some examples of acceptable grounds for applying late to the EU Settlement Scheme?

A

Serious health conditions, local authority care, and lack of awareness due to circumstances like human trafficking.

48
Q

How does a Zambrano carer apply under the EU Settlement Scheme?

A

They must show that the British citizen they care for would be forced to leave the UK if they were denied residence.

49
Q

What is the impact of the 2023 guidance update on late applications?

A

The update emphasizes stricter requirements for late applications and places greater burden of proof on the applicant.

50
Q

How can an applicant challenge a refusal based on criminal convictions?

A

They must appeal the deportation decision first, then the refusal based on that decision.

OISC 2: Appendix EU (1 decks)

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