EU Settlement Scheme – criminality – imprisonment
EU Settlement Scheme immigration permit has been around for a few years now. One of the key features in the EUSS scheme is requirement for continuous residence. There are specific rules setting out circumstances when the continuous residence may be broken. One of them is when the person served or is serving a sentence of imprisonment.
EU Settlement Scheme (EUSS) status has complex rules and regulations that status holders must adhere to to qualify for the EUSS permit and to keep the already received permit valid.
Criminality – imprisonment impact on EU Settlement Scheme
A continuous qualifying period is broken where the person served or is serving a sentence of imprisonment of any length in the UK and Islands (or, where applicable, the UK), unless the conviction which led to it has been overturned.
Once a person has completed a continuous qualifying period of residence in the UK and Islands of 5 years, they may rely on this in applying for settled status under the scheme (under condition 3 in rule EU11 or condition 1 in rule EU11A) where, since completing that 5 year period, there has been no ‘supervening event’. Supervening event means that, since completing that 5 year period, they have not been absent from the UK and Islands for more than 5 consecutive years and that none of the decisions or orders set out further below has been made in respect of the person, unless it has been set aside or revoked.
Before imprisonment have completed a continuous qualifying period of residence
Where the applicant served or is serving a sentence of imprisonment of any length in the UK and Islands, and where prior to that they have completed a continuous qualifying period of residence in the UK and Islands of less than 5 years (and the person has not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man), that continuous qualifying period is broken, and restarts from scratch on release (where release is before the specified date, where a continuous qualifying period which started before that date is required).
Where the continuous qualifying period of a relevant EEA citizen is broken and restarted in this way, this also breaks and restarts any continuous qualifying period of residence of less than 5 years on which their family member relies (where they have not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands) as being a family member of a relevant EEA citizen.
Imprisonment which does not lead to deportation – EU Settlement Scheme
Imprisonment which does not lead to deportation is not a ‘supervening event’ for the purposes of the scheme. This means that a person may rely on having previously either:
• acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations
• acquired the right of permanent residence in the Islands through the application there of section 7 of the Immigration Act 1988 (as it had effect before it was repealed) or under the EEA Regulations of the Isle of Man
• completed a continuous qualifying period of residence in the UK and Islands of 5 years in applying for settled status even where they have been imprisoned since acquiring that right (or completing that period), provided that the imprisonment did not or does not lead to deportation.
When assessing whether an applicant has a continuous qualifying period of residence in the UK, the applicant’s immigration status during the period of residence relied on, including whether they were at any point exempt from immigration control while resident in the UK, is immaterial: the test is whether all the relevant criteria set out in the definition of continuous qualifying period are met.
Other reasons when continuous qualifying period of residence is broken
Under sub-paragraph (b)(iii) of the definition of ‘continuous qualifying period’ in Annex 1 to Appendix EU, a continuous qualifying period is also broken by any of the following in respect of the person, unless it has been set aside or revoked:
• any decision or order to exclude or remove them from the UK under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the EEA Regulations of the Isle of Man)
• a decision to which regulation 15(4) of the EEA Regulations otherwise refers in respect of their right to permanent residence in the UK, unless that decision arose from a previous decision under regulation 24(1) (or the equivalent decision, subject to the equivalent qualification, under the EEA Regulations of the Isle of Man)
• an exclusion decision
• a deportation order, other than by virtue of the EEA Regulations
• an Islands deportation order
• an Islands exclusion decision
