Will EU Settlement Scheme ask for Surinder Singh COI for those who received RC before 2016 regulations?

[apc2012]

Hi,

I successfully applied for a 5-year residence permit after going through SS route under the 2006 regulations where centre of life wasn't part of requirements. My RC ends shy of the settlement scheme launching in March so I am waiting for the For the EU settlement scheme to launch instead of applying for PR then converting it over.

I'm wondering if anyone knows or thinks if the HO will be asking for additional documentation for SS route applicants that received RCs before the 2016 regulations came into effect to prove 'centre of life' or that we weren't circumventing UK law. From what has been publicly announced on the HO website and with the NHS/Liverpool trial, it doesn't seem they are asking for extra paperwork other than proof of continuous legal residence, relationship, and criminality, but wondering if anyone thinks the HO will add in additional requirements for SS.

In the caseworker guidance for the trial, it states
"A non-EU citizen will be able to apply where they have previously been issued
with a biometric residence card issued under the EEA Regulations, on the
basis of an application made or after 6 April 2015, as a family member or
former family member of an EU citizen. "

https://assets.publishing.service.gov.u ... dance.pdf

I'm not sure if this is specific to the trial or if this will have implications for the wider scheme once it opens.

Thanks in advance

[Richard W]

I'm wondering if anyone knows or thinks if the HO will be asking for additional documentation for SS route applicants that received RCs before the 2016 regulations came into effect to prove 'centre of life' or that we weren't circumventing UK law. From what has been publicly announced on the HO website and with the NHS/Liverpool trial, it doesn't seem they are asking for extra paperwork other than proof of continuous legal residence, relationship, and criminality, but wondering if anyone thinks the HO will add in additional requirements for SS.

Annex 2 of Appendix EU says the decision-maker may ask for information or evidence about the applicant's "residence in an EU country...". The definition of a "family member of a qualifying British citizen" requires compliance with regulation 9(2) and (4)(a) of the EEA Regulations, so it looks bleak. Anyone who is going to challenge the SS regulations needs to start the process **now**, while the UK is still fully part of the EU, and progress to a PRC. The draft withdrawal agreement provides no protection.

The only SS beneficiaries who qualify for ILR under the trial of the scheme are those who who will have a PR card significant less than 5 years old. It's conceivable that the HO thought none would apply.

[BritCits]

They shouldnt as you may well fall under the transitional provisions.

See this, esp page 28 and onwards: https://www.gov.uk/government/publicati ... ns#history

[Richard W]

They shouldnt as you may well fall under the transitional provisions.

See this, esp page 28 and onwards: https://www.gov.uk/government/publicati ... ns#history

Is there any statutory basis for these transitional provisions? It looks as though it's fallen away, despite remaining relevant.