To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(c), and pursuant to the Answer of 19 November 2018 to Question 192820, what evidence of exercise of Treaty rights his Department requires for eligibility under the settled status scheme.
The EU Settlement Scheme for which Appendix EU to the Immigration Rules provides reflects the breadth of provision made by the Free Movement Directive for rights of residence. These include rights of permanent residence with less than five years’ continuous residence in particular circumstances, and retained rights of residence where particular criteria are met. In line with the draft Withdrawal Agreement with the European Union, these are reflected in the requirements for eligibility for status under the scheme contained in Appendix EU.
The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. Consistent with this, an applicant will be refused status under the scheme where they are subject, at the date of decision on the application, to a removal decision under the Immigration (Eu-ropean Economic Area) Regulations 2016 on the grounds of non-exercise or misuse of those rights.