Immigration: EU Nationals

Home Office written question – answered on 5th November 2019.

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Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union)

To ask the Secretary of State for the Home Department, with reference to the Answer of 30 September to Question 290873, whether a prisoner serving a sentence is eligible to apply for settled status if they (a) are not serving a sentence that would lead to their deportation, (b) have already acquired the right of permanent residence under EU law, and (c) have completed a continuous qualifying period of five years' residence in the UK.

Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union)

To ask the Secretary of State for the Home Department, with reference to the Answer of 30 September to Question 290875, Immigration: EEA Nationals, whether a third country national is eligible to apply for settled status if they are a relative of an EEA national who (a) is serving a prison sentence that has not led to lead to their deportation, (b) has acquired the right of permanent residence under EU law and (c) has completed a continuous qualifying period of five years residence in the UK.

Photo of Brandon Lewis Brandon Lewis The Minister of State, Home Department

Where an EEA citizen has acquired the right of permanent residence under EU law, or has completed a continuous qualifying period of five years’ residence in the UK and Islands, prior to their sentence of imprisonment and that sentence does not lead to their deportation, they will be able to rely on that right of permanent residence, or on that continuous qualifying period of residence, in applying for settled status under the EU Settlement Scheme.

The non-EEA national family member of such an EEA citizen can apply for settled or pre-settled status under the scheme where they meet the relevant eligibility and suitability requirements, as set out in Appendix EU to the Immigration Rules.

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