Saturday, March 23, 2019

EU SETTLEMENT SCHEME - EVIDENCE OF RELATIONSHIP TO AN EU CITIZEN


EU Settlement Scheme: evidence of relationship to an EU citizen

How to provide evidence that you're a non-EU citizen family member of an EU citizen.

If you hold a valid document which confirms your right of permanent residence in the UK

You’ll not need to provide any evidence about your family relationship to an EU citizen if you have a valid permanent residence card issued to you under the EEA Regulations on the basis of your family relationship to that EU citizen.

If you hold a residence card as the family member of an EU citizen

If you have a valid biometric residence card (BRC)as a family member of an EU citizen which does not confirm your right of permanent residence in the UK, this will be accepted as evidence of your relationship to that person if it was issued to you on the basis of that relationship and that relationship continues to exist (or did so for the period of residence relied upon).

You can tell if it’s the right type of BRC if:
  • on the back it says ‘EU Right to Reside’
  • at the bottom it says ‘Residence card of a Family member of a union citizen’ or ‘Residence card issued under the EEA regulations’
You’ll also need to provide evidence of:
  • the identity and nationality of that EU citizen
  • the continuous UK residence of that EU citizen
You’ll need to provide evidence of your family relationship to an EU citizen resident in the UK if:
  • your BRC was not issued to prove your family relationship to an EU citizen
  • your BRC was issued to prove your family relationship to an EU citizen but you’re now relying on a family relationship with a different EU citizen
  • you do not have a BRC

Documents you must provide to show evidence of your relationship to an EU citizen

You can upload evidence of your relationship in your application. This evidence can be scans or photos of documents. The Home Office can require you to submit the original document where it has reasonable doubt as to the authenticity of the copy relied upon.

If you’re their spouse or civil partner

You’ll only need to provide this evidence if you do not have a relevant document issued to you on the basis that you’re the EU citizen’s spouse or civil partner.
A relevant document here includes:
  • a family permit
  • a residence card
You must provide evidence of your marriage or civil partnership. Accepted forms of evidence include:
  • a valid document of record of a marriage or civil partnership recognised under the law of England and Wales, Scotland or Northern Ireland, such as a marriage or civil partnership certificate
  • a valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004

If you’re their unmarried (durable) partner

You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EU citizen.
A relevant document here includes:
  • a family permit
  • a residence card
You must provide evidence that your durable partnership with the EU citizen continues to subsist.
The list below gives some examples but is not exhaustive. Each case will be considered on a case by case basis.
Evidence that you’ve lived together for at least the past 2 years:
  • bank statements or utility bills in joint names at the same address
  • residential mortgage statement or tenancy agreement in joint names
  • official correspondence that links you at the same address
Evidence of joint finances, business ventures or commitments for at least the past 2 years:
  • tax returns, business contracts or investments
Evidence of joint responsibility for a child:
  • the child’s birth certificate which names both parents
  • a custody agreement showing that you’re living together and sharing parental responsibility

If you’re their child, grandchild or great-grandchild

You’ll only need to provide this evidence if you don’t hold a relevant document issued to you on the basis that you’re the child, grandchild or great-grandchild of the EU citizen (or of their spouse or civil partner).
A relevant document here includes:
  • a family permit
  • a residence card
You’ll need to show that you’re the child, grandchild or great-grandchild of an EU citizen, or of their spouse or civil partner. Accepted forms of evidence include one of the following:
  • full birth certificate
  • a court order, such as a special guardianship order
  • other documents which satisfy the caseworker that you are the direct descendant of the EU citizen or of their spouse or civil partner
If you’re a child, grandchild or great-grandchild who is aged 21 or over, and you were not previously granted pre-settled status under the scheme as a child aged under 21, you’ll need to provide evidence that you’re (or for the relevant period were) dependent on your EU citizen parent, grandparent or great-grandparent (or on their spouse or civil partner).
You’ll need to provide the following evidence, as appropriate, to show your dependency:
  • evidence of your financial dependency on the EU citizen (or on their spouse or civil partner), such as bank statements or money transfers
  • evidence of you needing and receiving the personal care of the EU citizen (or their spouse or civil partner) on serious health grounds, for example a letter from a hospital consultant
If your parent, grandparent or great-grandparent is the non-EU citizen spouse or civil partner of an EU citizen you’ll need to provide evidence of that.
Accepted forms of evidence include:
  • a valid document of record of a marriage or civil partnership recognised under the law of England and Wales, Scotland or Northern Ireland, such as a marriage or civil partnership certificate
  • a valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004

If you’re their dependent parent, grandparent or great-grandparent

You’ll only need to provide this evidence if you don’t have a relevant document issued to you on the basis that you’re the dependent parent, grandparent or great-grandparent of an EU citizen (or of their spouse or civil partner).
A relevant document here includes:
  • a family permit
  • a residence card
Accepted forms of evidence include:
  • full birth certificate
  • other documents which satisfy the caseworker that you are the direct descendant of the EU citizen or of their spouse or civil partner
Where your child, grandchild or great-grandchild is the non-EU citizen spouse or civil partner of an EU citizen, you’ll need to provide evidence of that.
Accepted forms of evidence include:
  • a valid document of record of a marriage or civil partnership recognised under the law of England and Wales, Scotland or Northern Ireland, such as a marriage or civil partnership certificate
  • a valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004

If you’re their dependent relative

You can apply as the dependent relative of an EU citizen or (in some cases) of their spouse or civil partner, if you’re the dependant of your sponsor, a member of their household or in strict need of their personal care on serious health grounds.
A dependent relative cannot be the spouse, civil partner, durable partner, child (or grandchild or great-grandchild) or dependent parent (or grandparent or great-grandparent) of their sponsor. They can include the brother, sister, aunt, uncle, nephew, niece or cousin of an EU citizen (or, in some cases, of their spouse or civil partner).
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the dependent relative of an EU citizen (or, where the application for that document was made before 1 February 2017, of their spouse or civil partner).
A relevant document here includes:
  • a family permit
  • a residence card
You must also provide evidence that your relationship with the EU citizen (or, where relevant, their spouse or civil partner) continues to exist (or did so for the period of residence relied upon).

Provide evidence of the EU citizen’s identity and nationality

You’ll only need to do this if you do not have a permanent residence card issued to you on the basis that you’re the family member of an EU citizen (or, where relevant, of their spouse or civil partner).

If your EU citizen family member has been, or is being, granted settled or pre-settled status

If the EU citizen has been granted, or is being granted, settled or pre-settled status under the EU Settlement Scheme, you can use this to confirm their identity and nationality by providing their application reference number.

If your EU citizen family member has not yet applied for settled or pre-settled status

If your EU citizen family member has not yet applied to the EU Settlement Scheme, you’ll need to provide evidence of their identity and nationality using their passport or national identity card.
Alternatively, if you can show that you’re unable to obtain or produce the required document due to circumstances beyond your control or to compelling compassionate reasons, the Home Office may agree to accept alternative evidence of the identity and nationality of the EU citizen.

Provide evidence of the EU citizen’s continuous residence in the UK

You’ll only need to provide evidence of your EU citizen family member’s continuous residence in the UK, as well as your own, if you do not have a permanent residence card issued to you on the basis that you’re the family member of an EU citizen.

If your EU citizen family member has been, or is being, granted settled or pre-settled status

If the EU citizen has been granted, or is being granted, settled or pre-settled status under the EU Settlement Scheme, you can use this to confirm their residence in the UK by providing their application reference number.

If your EU citizen family member has not yet applied for settled or pre-settled status

You’ll probably get a decision more quickly if you apply to the scheme at the same time as, or after, your EU citizen family member.
If your EU citizen family member has not yet applied to the EU Settlement Scheme, you’ll need to provide evidence that they have been or were continuously resident in the UK throughout the period on which you rely as having been continuously resident in the UK as their family member.
Published 22 March 2019