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<p>The EU Settlement Scheme for which Appendix EU to the Immigration Rules provides
reflects the breadth of provision made by the Free Movement Directive for rights of
residence. These include rights of permanent residence with less than five years’
continuous residence in particular circumstances, and retained rights of residence
where particular criteria are met. In line with the draft Withdrawal Agreement with
the European Union, these are reflected in the requirements for eligibility for status
under the scheme contained in Appendix EU.</p><p>The draft Withdrawal Agreement does
not protect those who are not exercising or are misusing free movement rights. Consistent
with this, an applicant will be refused status under the scheme where they are subject,
at the date of decision on the application, to a removal decision under the Immigration
(Eu-ropean Economic Area) Regulations 2016 on the grounds of non-exercise or misuse
of those rights.</p>
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