The concept of continuous residence is critical for those applying for status under Appendix EU, which governs the EU Settlement Scheme in the UK. Here’s a concise overview of the requirements and exceptions:
1. General Rule:
Continuous residence means living in the UK and Islands without excessive absences.
2. Absence Limits:
- General Limit: Absences must not exceed six months in any 12-month period.
- Important Reasons: One absence up to 12 months is allowed for important reasons (e.g., pregnancy, childbirth, serious illness, study, vocational training, overseas posting, or COVID-19 impacts).
- COVID-19 Exception: Absences exceeding six months due to COVID-19 can be treated as important, with additional provisions for subsequent absences related to COVID-19.
3. Special Cases:
- Absences for compulsory military service, Crown service postings, and UK marine area work do not break continuous residence.
- Periods of imprisonment generally break continuous residence unless the conviction is overturned.
4. Continued Residence:
- The residence must continue until the application date, except for those with at least five years of residence or valid indefinite leave to remain.
5. Family Members:
- Rules also account for family members of relevant EEA citizens or sponsors, considering retained rights of residence.
6. Other Considerations:
- Specific references and conditions apply based on dates and the nature of the relationship with relevant EEA citizens or sponsors.
Understanding these rules is essential for applicants to maintain their eligibility under the EU Settlement Scheme and secure their status in the UK.
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