To ask the Secretary of State for the Home Department, whether a period of imprisonment will be included in an assessment of a child's (a) eligibility and (b) continuous residence criteria under the EU settlement scheme.
6 September 2019
A person’s continuity of residence in the UK for the purposes of eligibility under the EU Settlement Scheme is broken when they serve a sentence of imprisonment. They will not generally be eligible to apply to the scheme while they are serving that sentence.
This is consistent with EU law on free movement, as currently given effect in the UK by the Immigration (European Economic Area) Regulations 2016. This provision applies to children in detention as it does for all applicants to the EU Settlement Scheme.