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Annex A

Documentary evidence of continuous residence in the UK

As set out in section 5, we expect that many people will have their residence confirmed by automated checks of HMRC and DWP data. However, where those checks indicate that an applicant who does not hold a permanent residence document has been continuously resident in the UK for a period of less than five years – or do not indicate that the applicant has been and remains continuously resident here – the applicant will be able to upload documentary evidence to satisfy the Home Office caseworker that they are continuously resident here and, where appropriate, that they have been so for five years.38

This Annex provides a draft list of the type of documentary evidence which the applicant will be able to provide. We will seek to guide applicants to use the evidence they may have which most readily evidences their continuous residence. In many cases it should be possible to confirm five years’ residence with five documents or fewer. But the guidance will not be prescriptive or definitive, so that we can take account of individuals’ specific circumstances. We recognise that some applicants may lack documentary evidence in their own name for various reasons, and we will work flexibly with applicants to help them evidence their continuous residence in the UK by the best means available to them. The applicant may submit several types of evidence to cover their claimed period of continuous residence. For example, a dated and signed letter from an employer confirming a 12- month period of UK-based employment which has been undertaken, and confirmation of the employer’s status, may be submitted as evidence of residence in that 12-month period and bank statements may be submitted as evidence of residence in the subsequent 12- month period.

The caseworker may request further evidence of residence if appropriate and will ensure that the applicant is given reasonable opportunity to provide it before a decision on the application is made.

The list below is a draft, which we have been discussing with user representatives (particularly those of vulnerable groups) and will continue to refine over coming months.

Table 1: preferred evidence. The documents listed below are preferred evidence because a single document may cover a significant period. Where an applicant submits evidence from this list, a single piece of evidence is likely to be sufficient for the period it covers.

An annual bank statement, or an account summary covering a 12-month period, showing payments received or spending in the UK in at least six months of that year.

Annual business accounts of a self-employed person.

38Or that they are in one of the categories eligible for settled status with less than five years’ continuous residence, as described in paragraph 3.7, above.

A dated and signed letter from an employer, confirming the duration of a period of UK-based employment which has been undertaken, and confirmation of the employer’s status (such as registration with HMRC or Companies House). This will be considered evidence of residence for the period of that employment.

A P60 for a 12-month period (the caseworker may request additional evidence to confirm that the person has been resident in the UK for at least six months of that period).

A dated and signed letter from an accredited organisation in the UK confirming physical attendance at a course and its duration, or confirming enrolment on a course accompanied by dated and signed evidence of completion (such as a qualification certificate). This will be treated as evidence of residence for the duration of the course.

A dated and signed letter from a registered care home confirming the period of residence in the home. This will be treated as evidence of residence for that period.

A dated, addressed invoice from an accredited organisation for school, college or university fees for education requiring physical attendance in the UK, which includes the name of the student, and accompanying evidence of payment. This will be treated as evidence of residence for the relevant academic term(s) or year.

Documentation issued by the student finance body for England, Wales, Scotland or Northern Ireland or the Student Loans Company that shows a UK address, such as an entitlement notification or repayment statement. This will be treated as evidence of residence for the relevant academic term(s) or year.

A residential mortgage statement or tenancy agreement, and accompanying evidence of the mortgage or rent being paid (e.g. confirmation from the lender or landlord), will be treated as evidence of residence for the period covered by the statement or agreement.

A dated, addressed council tax bill will be treated as evidence of residence for the period covered by the bill.

Evidence of an employer making pension contributions will be treated as evidence of residence for the period covered by the contributions where the employment requires physical presence in the UK.

Table 2: alternative evidence. Because the documents listed below cover a shorter period, the applicant will need to submit more of them to evidence that they meet the residence requirement. Where an applicant submits evidence from this list, a single piece of evidence is likely to be sufficient for the period it covers.

A dated payslip for a UK-based job will be treated as evidence of residence for the period covered by that payslip.

A dated bank statement showing payments received or spending in the UK. This will be treated as evidence of residence for the period covered by the bank statement.

A dated invoice for work physically done in the UK. This will be treated as evidence of residence for the month in which it is dated.

A dated, UK-addressed domestic utility bill featuring the applicant’s name will be treated as evidence of residence for the period covered by the bill.

A dated, UK-addressed domestic bill or contract for a fixed line telephone or for a TV or internet service featuring the applicant’s name will be treated as evidence of residence for the period covered by the bill or contract.

A dated letter from a UK GP or other healthcare professional confirming the applicant’s attendance at appointment(s), or a card issued by the healthcare professional confirming those appointment(s). This will be treated as evidence of residence for the period covered by the appointments (or for the month in which a single appointment occurred).

A dated letter from a UK government department, another UK public body or a UK charity confirming the applicant’s physical interaction with them, e.g. Job Centre Plus or Citizens’ Advice. This will be treated as evidence of residence for the month in which it is dated, unless it explicitly confirms interactions over a longer period.

Other dated, UK-addressed domestic bills, e.g. for insurance or home services/repairs, featuring the applicant’s name and accompanying evidence of payment will be treated as evidence of residence for the month in which the bill is dated.

A passport stamp confirming entry at the UK border. This will be treated as evidence of residence for the month of entry.

A used travel ticket confirming previous inbound travel to the UK. This will be treated as evidence of residence for the month of entry.

Table 3: unacceptable evidence. The documents listed below are not from an official or other impartial source, or are not accessible by Home Office caseworkers, and so are not acceptable as evidence of continuous residence for the scheme and should not be provided.

Character references or testimonials from family and friends.

Photographs of a wedding or other special occasion.

Greetings cards or postcards sent or received.

A personal scrapbook or similar.

Evidence in multimedia format (CDs, DVDs, USB media sticks etc).

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Draft Immigration Rules for the EU Settlement Scheme


 

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