Q&As

If an EEA national successfully applies for and is granted settled status under Appendix EU, can their unmarried partner (with leave under the points-based system), apply for pre-settled status without possessing a document issued under the Immigration (European Economic Area) Regulations 2016? If not, could they apply in the alternative under Appendix FM?

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Published on LexisPSL on 24/02/2020

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If an EEA national successfully applies for and is granted settled status under Appendix EU, can their unmarried partner (with leave under the points-based system), apply for pre-settled status without possessing a document issued under the Immigration (European Economic Area) Regulations 2016? If not, could they apply in the alternative under Appendix FM?

If an EEA national successfully applies for and is granted settled status under Appendix EU, can their unmarried partner (with leave under the points-based system), apply for pre-settled status without possessing a document issued under the Immigration (European Economic Area) Regulations 2016? If not, could they apply in the alternative under Appendix FM?

Practice Note: The EU Settlement Scheme—the eligibility requirements under Appendix EU, notes that, in order to be granted immigration permission under the scheme (as set out in the Immigration Rules, Appendix EU), an applicant must:

  1. fall within the scope of the scheme (and evidence this, where required)

  2. meet the residence requirement

  3. not fall foul of the suitability requirements, and

  4. make a valid application

In relation to scope, a durable partner of an eligible EEA citizen, who is resident in the UK before the specified date (11 pm on 31 December 2020), will only come into scope of the scheme if they have already been issued with a residence card issued under the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052, or another relevant document issued under those regulations (eg an EEA family permit, if applied for from overseas). An EEA national granted settled status under Immigration Rules, Appendix EU is an eligible EEA citizen (termed a ‘relevant EEA national’ in Immigration Rules, Appendix EU) for these purposes. See the following

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