Home Office
Appendix EU: EU, other EEA and Swiss citizens and family members
EU1.This Appendix sets out the basis on which an EEA citizen and their family members, and the family members of a qualifying British citizen, will, if they apply under it, be granted indefinite leave to enter or remain or limited leave to enter or remain.
Requirements for indefinite leave to enter or remain other than as a joining family member of a relevant sponsor
- EU2. The applicant will be granted indefinite leave to enter (where the application is made outside the UK) or indefinite leave to remain (where the application is made within the UK) where:
- A valid application has been made in accordance with paragraph EU9;
- The applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12; and
- The application is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.
Requirements for indefinite leave to enter or remain as a joining family member of a relevant sponsor
- EU2A. The applicant will be granted indefinite leave to enter (where the application is made outside the UK) or indefinite leave to remain (where the application is made within the UK) as a joining family member of a relevant sponsor where:
- A valid application has been made in accordance with paragraph EU9;
- The applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11A; and
- The application is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.
Requirements for limited leave to enter or remain other than as a joining family member of a relevant sponsor
- EU3. The applicant will be granted five years limited leave to enter (where the application is made outside the UK) or five years limited leave to remain (where the application is made within the UK) where:
- A valid application has been made in accordance with paragraph EU9;
- The applicant does not meet the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12, but meets the eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14; and
- The application is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.
Requirements for limited leave to enter or remain as a joining family member of a relevant sponsor
- EU3A. The applicant will be granted five years limited leave to enter (where the application is made outside the UK) or five years limited leave to remain (where the application is made within the UK) as a joining family member of a relevant sponsor where:
- A valid application has been made in accordance with paragraph EU9;
- The applicant does not meet the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11A, but meets the eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14A; and
- The application is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.
Other provisions as to requirements and procedure
- EU4. Where a person has been granted limited leave to enter or remain under this Appendix:
- They must continue to meet the eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14 (where they have been granted limited leave to enter or remain under paragraph EU3) or in accordance with paragraph EU14A (where they have been granted limited leave to enter or remain under paragraph EU3A);
- The Secretary of State may extend that limited leave, regardless of whether the person has made a valid application under this Appendix for such an extension; and
- They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A) are met.
EU5.A person granted indefinite leave to enter or remain under this Appendix may resume their residence in the UK where, having been absent from the UK and Islands, that leave has not lapsed under article 13 of the Immigration (Leave to Enter and Remain) Order 2000. Where that leave has lapsed under that provision, Appendix Returning Resident to these Rules applies if the person wants to return to and settle in the UK.
EU6.A valid application made under this Appendix which does not meet the requirements for indefinite leave to enter or remain or limited leave to enter or remain will be refused.
EU7. (1) Annex 1 sets out definitions which apply to this Appendix. Any provision made elsewhere in the Immigration Rules for those terms, or for other matters for which this Appendix makes provision, does not apply to an application made under this Appendix.
(2) Where this Appendix requires that a document, card or other evidence is valid (or that it remained valid for the period of residence relied upon), or has not been cancelled or invalidated or has not ceased to be effective, it does not matter that the person concerned no longer has the right to enter or reside under the EEA Regulations (or under the equivalent provision in the Islands), on which basis the document, card or other evidence was issued, by virtue of the revocation of those Regulations (or equivalent provision in the Islands).
EU8.Annex 2 applies to the consideration by the Secretary of State of a valid application made under this Appendix.