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Immigration Rules Appendix EU (Family Permit)

Home Office

April 12
13:28 2023

Appendix EU (Family Permit)

Purpose

  1. FP1. This Appendix sets out the basis on which a person will, if they apply under it, be granted an entry clearance:
    1. (a) In the form of an EU Settlement Scheme Family Permit to join a relevant EEA citizen or a qualifying British citizen in the UK or to accompany them to the UK; or
    2. (b) In the form of an EU Settlement Scheme Travel Permit to travel to the UK.

FP2. This Appendix has effect in connection with the granting of entry clearance for the purposes of acquiring leave to enter or remain in the UK by virtue of Appendix EU to these Rules.

Requirements and procedure

  1. FP3. The applicant will be granted an entry clearance under this Appendix, valid for a period of six months from the date of decision, by an entry clearance officer where:
    1. (a) A valid application has been made in accordance with paragraph FP4;
    2. (b) The applicant meets the eligibility requirements in paragraph FP6(1), (2) or (3); and
    3. (c) The application is not to be refused on grounds of suitability in accordance with paragraph FP7.
  2. FP4. A valid application has been made under this Appendix where:
    1. (a) It has been made using the required application process;
    2. (b) The required proof of identity and nationality has been provided; and
    3. (c) The required biometrics have been provided.

FP5. An application will be rejected as invalid where it does not meet the requirements in paragraph FP4(a) and (b), and will not be considered where it does not meet the requirement in paragraph FP4(c).

  1. FP6. (1) The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix in the form of an EU Settlement Scheme Family Permit, where the entry clearance officer is satisfied that at the date of application:
    1. (a) The applicant is not a British citizen;
    2. (b) The applicant is a family member of a relevant EEA citizen;
    3. (c) The relevant EEA citizen is resident in the UK or will be travelling to the UK with the applicant within six months of the date of application;
    4. (d) The applicant will be accompanying the relevant EEA citizen to the UK (or joining them in the UK) within six months of the date of application; and
    5. (e) The applicant (A) is not the spouse, civil partner or durable partner of a relevant EEA citizen (B) where a spouse, civil partner or durable partner of A or B has been granted an entry clearance under this Appendix, immediately before or since the specified date held a valid document in that capacity issued under the EEA Regulations or has been granted leave to enter or remain in the UK in that capacity under or outside the Immigration Rules.
  2. (2)The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix in the form of an EU Settlement Scheme Family Permit, where the entry clearance officer is satisfied that at the date of application:
    1. (a) The applicant is not a British citizen;
    2. (b) The applicant is a family member of a qualifying British citizen;
    3. (c) The qualifying British citizen is resident in the UK or will be travelling to the UK with the applicant within six months of the date of application;
    4. (d) The applicant will be accompanying the qualifying British citizen to the UK (or joining them in the UK) within six months of the date of application; and
    5. (e) The applicant (A) is not the spouse, civil partner or durable partner of a qualifying British citizen (B) where a spouse, civil partner or durable partner of A or B has been granted an entry clearance under this Appendix, immediately before or since the specified date held a valid document in that capacity issued under the EEA Regulations or has been granted leave to enter or remain in the UK in that capacity under or outside the Immigration Rules.
  3. (3)The applicant meets the eligibility requirements for an entry clearance to be granted under this Appendix in the form of an EU Settlement Scheme Travel Permit, where the entry clearance officer is satisfied that at the date of application:
    1. (a) The applicant is a non-EEA citizen;
    2. (b) The applicant has been granted indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU to these Rules, which has not lapsed or been cancelled, curtailed, revoked or invalidated and which is evidenced by the Home Office reference number for that grant of leave;
    3. (c) The applicant:
      1. (i) Has been issued with a relevant document by the UK under the EEA Regulations, or with a biometric residence card by virtue of having been granted leave under Appendix EU to these Rules; and
      2. (ii) Has reported to the Home Office that that document or card has been lost or stolen or has expired; and
    4. (d) The applicant will be travelling to the UK within six months of the date of application.
  1. FP7. (1) An application made under this Appendix will be refused on grounds of suitability where any of the following apply at the date of decision:
    1. (a) The applicant is subject to a deportation order or to a decision to make a deportation order; or
    2. (b) The applicant is subject to an exclusion order or exclusion decision.
  2. (2) An application made under this Appendix will be refused on grounds of suitability where the applicants presence in the UK is deemed not to be conducive to the public good because of conduct committed after the specified date.
  3. (2A) An application made under this Appendix will be refused on grounds of suitability where at the date of decision:
    1. (a)(i) The applicant is an excluded person, as defined by section 8B(4) of the Immigration Act 1971, because of their conduct committed before the specified date, and the person does not fall within section 8B(5A) or 8B(5B) of that Act; and
    2. (ii) The entry clearance officer is satisfied that the refusal of the application is justified on 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 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 FP7(2A)(a) of Appendix EU (Family Permit) to the Immigration Rules); or
    3. (b) The applicant is an excluded person, as defined by section 8B(4) of the Immigration Act 1971, because of conduct committed after the specified date, and the person does not fall within section 8B(5A) or 8B(5B) of that Act.
  4. (3) An application made under this Appendix will be refused on grounds of suitability where at the date of decision the applicant is subject to an Islands deportation order.
  5. (3A) An application made under this Appendix may be refused on grounds of suitability where at the date of decision the applicant is subject to an Island

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