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EU, EEA and Swiss Settlement Scheme - Late Application

GuernseyFree movement

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Guernsey Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

The legal route is the Bailiwick’s EU/EEA/Swiss Settlement Scheme, through which eligible EU, EEA and Swiss citizens and their family members can continue living and working in the Bailiwick after the end of the previous free-movement arrangements on 31 December 2020. It is not a new general residence entitlement based on citizenship alone: official guidance says different arrangements apply to EU/EEA/Swiss citizens arriving after that date. Iceland, Liechtenstein and Norway are included through the EEA. The application deadline was 30 June 2021; late applications can be considered individually in compelling and compassionate circumstances. Guernsey Population Management requirements and Alderney/Sark domestic employment and residence rules continue to apply.

See recorded sources
  • https://www.gov.gg/immigration
    THE EU/EEA/SWISS SETTLEMENT SCHEME DEADLINE TO ACCEPT APPLICATIONS WAS 30 JUNE 2021. WE CAN CONSIDER LATE APPLICATIONS ON A CASE BY CASE BASIS WHERE THERE ARE COMPELLING AND COMPASSIONATE CIRCUMSTANCES. When the UK left the EU on 31 December 2020, the rights of EU/EEA/Swiss citizens changed. The UK and the EU agreed that your previous rights would continue until 31 December 2020. If you want to stay in the Bailiwick of Guernsey, you need to apply under the EU/EEA/SWISS Settlement Scheme. This allows you and your family members to continue to live and work in the Bailiwick of Guernsey. It means you will continue to have ongoing rights to healthcare, work arrangements and access to benefits and public services as you do now. The Population Management Law which operates in Guernsey, and any domestic laws controlling employment and residence in place in Alderney and Sark will continue to apply as now. There is now different arrangements for those EU/EEA/Swiss citizens arriving after 31 December 2020. Citizens of Iceland, Liechtenstein and Norway, which together with the EU forms the EEA, and Switzerland. You can view information on the settlement scheme and and how to apply for settled status via the application form and guidance notes in the downloads section on this page.

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

Five years' limited leave to enter or remain is granted where a valid application has been made under paragraph EU9, the applicant does not meet the eligibility requirements for indefinite leave under paragraph EU11 or EU12 but does meet those for limited leave under paragraph EU14, and is not refused on suitability grounds.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix EU in this consolidated text contains no 'late application' category: no application deadline, no required date and no 'reasonable grounds for making a late application' provision appears in it.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), EU, EEA and Swiss Settlement Scheme - Late Application
    EU3 The applicant will be granted five years' limited leave to enter (where the application is made outside the Bailiwick of Guernsey) or five years' linuted leave to remain (where the application is made within the Bailiwick of Guernsey) where – (a) a valid application has been made in accordance with paragraph EU9; and (b) the applicant does not meet the eligibility requirennents for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12, but meets the eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14; and

What entry, registration or residence-document formalities remain?

A valid application must be made in accordance with paragraph EU9 of Appendix EU; leave is granted as indefinite leave to enter where the application is made outside the Bailiwick of Guernsey, or indefinite leave to remain where it is made within the Bailiwick. The official source does not state what that application involves or any other entry, registration or residence-document formality.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix EU in this consolidated text contains no 'late application' category: no application deadline, no required date and no 'reasonable grounds for making a late application' provision appears in it.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), EU, EEA and Swiss Settlement Scheme - Late Application
    EU2 The applicant will be granted indefinite leave to enter (where the application is made outside the Bailiwick of Guernsey) or indefinite leave to remain (where the application is made within the Bailiwick of Guernsey) where – (a) a valid application has been made in accordance with paragraph EU9; and (b) the applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12; and (c) the applicant is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

Family members of EEA citizens and family members of a qualifying British citizen may be granted indefinite leave to enter or remain, or limited leave to enter or remain, under Appendix EU. The official source does not state what work, study or travel conditions attach to that leave.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix EU in this consolidated text contains no 'late application' category: no application deadline, no required date and no 'reasonable grounds for making a late application' provision appears in it.
  • Appendix EU does not state what work, study or travel conditions attach to leave granted under it.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), EU, EEA and Swiss Settlement Scheme - Late Application
    EU4 Where a person has been granted limited leave to enter or remain under this Appendix – (a) the person must continue to meet the eligibility requirements for that leave which that person met at the date of application (except for any which related to that person's dependency on another person) or meet other eligibility requirements for Umited leave to enter or remain in accordance with paragraph EU14; and (b) the person remains able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 are met. EU5 Where a person – (a) has been granted indefinite leave to enter or remain or limited leave to enter or remain under this Appendix; and (b) has the right to enter or remain in the Bailiwick of Guernsey under the privileged entry provision; the leave does not have effect to the person's detriment in so far as the leave is incompatible with that right to enter or remam for as long as that person has that right.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), EU, EEA and Swiss Settlement Scheme - Late Application
    EU1 This Appendix sets out the basis on which EEA citizens, their family members and family members of a qualifying British citizen, will, if they apply iinder it, be granted indefinite leave to enter or remain or limited leave to enter or remain. ## Requirements and procedure EU2 The applicant will be granted indefinite leave to enter (where the application is made outside the Bailiwick of Guernsey) or indefinite leave to remain (where the application is made within the Bailiwick of Guernsey) where – (a) a valid application has been made in accordance with paragraph EU9; and (b) the applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12; and (c) the applicant is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

Limited leave is granted for five years, and the holder remains able to apply for indefinite leave to enter or remain under Appendix EU, which is granted where the requirements of paragraph EU2 are met. A person granted limited leave must continue to meet the eligibility requirements met at the date of application (except those relating to dependency on another person) or meet other eligibility requirements under paragraph EU14. The official source does not state absence rules.

See recorded sources
Limits of the record
  • Consolidated text published by the Guernsey Law website; the site states it is not authoritative and has no legal effect.
  • Appendix EU in this consolidated text contains no 'late application' category: no application deadline, no required date and no 'reasonable grounds for making a late application' provision appears in it.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), EU, EEA and Swiss Settlement Scheme - Late Application
    EU3 The applicant will be granted five years' limited leave to enter (where the application is made outside the Bailiwick of Guernsey) or five years' linuted leave to remain (where the application is made within the Bailiwick of Guernsey) where – (a) a valid application has been made in accordance with paragraph EU9; and (b) the applicant does not meet the eligibility requirennents for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12, but meets the eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14; and --- (c) the applicant is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16. EU4 Where a person has been granted limited leave to enter or remain under this Appendix – (a) the person must continue to meet the eligibility requirements for that leave which that person met at the date of application (except for any which related to that person's dependency on another person) or meet other eligibility requirements for Umited leave to enter or remain in accordance with paragraph EU14; and (b) the person remains able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 are met.
  • Guernsey — Immigration (Bailiwick of Guernsey) Rules 2008 (consolidated), EU, EEA and Swiss Settlement Scheme - Late Application
    EU4 Where a person has been granted limited leave to enter or remain under this Appendix – (a) the person must continue to meet the eligibility requirements for that leave which that person met at the date of application (except for any which related to that person's dependency on another person) or meet other eligibility requirements for Umited leave to enter or remain in accordance with paragraph EU14; and (b) the person remains able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 are met. EU5 Where a person – (a) has been granted indefinite leave to enter or remain or limited leave to enter or remain under this Appendix; and (b) has the right to enter or remain in the Bailiwick of Guernsey under the privileged entry provision; the leave does not have effect to the person's detriment in so far as the leave is incompatible with that right to enter or remam for as long as that person has that right.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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