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<p>The draft Withdrawal Agreement with the European Union published on 14 November
2018 protects the rights of EU citizens resident in the UK by the end of the planned
implementation period on 31 December 2020 and their family members. Article 20 sets
out the circumstances in which it may be appropriate to restrict the right of entry
or residence to such an EU citizen or their family member.</p><p> </p><p>The draft
Withdrawal Agreement does not protect those who are not exercising or are misusing
free movement rights, and it means that, while free movement rules continue to operate
to the end of the planned implementation period, there will remain scope, consistent
with the relevant case law, for a person to be removed from the UK on those grounds.
It is logical that this is reflected in the Immigration Rules and published caseworker
guidance for the EU Settlement Scheme, as it is in the provisions of and published
caseworker guidance for the Immigration (European Economic Area) Regulations 2016
which provide for the operation in the UK of the Free Movement Directive (2004/83/EC).
The guidance on the Regulations sets out how misuse of free movement rights is assessed
and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p>
</p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21
June 2018 made clear that the UK has decided, as a matter of domestic policy, to be
more generous than the draft Withdrawal Agreement in certain respects. In particular,
those applying under the scheme will not be required to show that they meet all the
requirements of current free movement rules, such as any requirement to have held
comprehensive sickness insurance or generally to detail the exercise of specific rights
under EU law, such as the right to work. This means that an applicant will not be
refused status under the scheme because for example they are not economically active,
their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p>
</p><p>An applicant refused status under the EU Settlement Scheme on eligibility or
suitability grounds will be covered by the procedural guarantees provided for in Article
18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the
primary legislation required to establish a right of appeal for the scheme, we intend
that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those
applying under the scheme from 30 March 2019 will be given a statutory right of appeal
if their application is refused.</p>
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