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EU Settlement Scheme: Suitability Requirements

11 September 2019 #Immigration

The Home Office published Statement of Changes to the Immigration Rules on 9 September 2019, which included a number of changes to the EU Settlement Scheme and EU Settlement Scheme Family Permit.

This blog will only focus on the suitability requirements, which is causing concern amongst EU citizens and their family members. The Home Office has introduced discretionary grounds of refusal under the suitability requirements. A summary of the grounds introduced in respect of the discretionary grounds of refusal under Appendix EU (which includes EU Settlement Scheme and EU Settlement Scheme Family Permit) is below:

  • There has been a previous visa application refusal under the EEA Regulations.
  • The applicant had previously had their leave cancelled; having either being granted status through the EU Settlement Scheme Family Permit or the EU Settlement Scheme.
  • The refusal of an application must be justified on the basis of public policy, public security or public health. This also includes justification on the grounds that the decision would be conducive to the public good as a result of the person’s post-exit conduct in a no-deal situation or as a result of the person’s conduct after the end of the implementation period, i.e. 31 December 2020 if a deal is reached.

As a result, it is highly recommended that if any of the above is applicable to you then you should seek legal advice prior to submission of your application.  

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.

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Bhavneeta Limbachia

Bhavneeta Limbachia
Solicitor

E: blimbachia@clarkslegal.com
T: 020 7539 8019
M: 0788 1826 711