Coronavirus (COVID-19): Immigration (European Economic Area) Regulations 2016 - guidance for applicants
Guidance for applicants for documentation issued under the Immigration (European Economic Area) Regulations 2016 who have been affected by restrictions associated with coronavirus.
If you need to provide alternative evidence of identity and nationality
If you cannot obtain or produce your passport or national identity card due to coronavirus restrictions, you may be able to use alternative evidence of your identity and nationality instead.
For example, the closure of an embassy or high commission or inability to travel to an embassy or high commission may prevent you from renewing your passport or national identity card. It may also mean you cannot finalise an application for a new document. These may be acceptable reasons to provide alternative evidence of identity or nationality.
Each case will be considered individually.
You’ll need to provide sufficient evidence of your inability to produce the required document due to coronavirus restrictions. For example, you would need to provide evidence of an embassy closure, such as a letter from the relevant national authority, or a link to an official webpage.
You’ll also need to provide alternative evidence of your identity and nationality. These can include:
- documents previously issued by the Home Office
- an expired passport or other required document
- an official document issued by the authorities of your country of origin or of the UK which confirms your identity and nationality
Further information can be found in the ‘Alternative evidence of identity’ paragraphs on pages 35 to 36 of the Processes and procedures for EEA documentation applications guidance.
If your continuous residence in the UK has been affected
Your continuity of residence will not necessarily be affected if you were impacted by coronavirus restrictions. For example, if you had coronavirus overseas and could not return to the UK, or imposed travel restrictions meant you were absent from the UK (providing the period does not exceed 12 months).
Absences from the UK of up to 6 months in any 12-month period
Your continuity of residence will not be broken regardless of reason if you have been outside the UK for no more than 6 months in a 12-month period, in a single absence or multiple absences. You will not have to provide additional supporting information or evidence in support of your application.
A single absence from the UK of more than 6 months but not more than 12 months
If you have been outside the UK for a single period of more than 6 months but not more than 12 months due to being ill with coronavirus and you were unable to return to the UK because you were ill or in quarantine, that absence would not cause you to break your continuous residence in the UK for the purposes of acquiring a right of permanent residence. The EEA Regulations allow for a single absence up to 12 months for an important reason, including serious illness.
If you are a student who was studying in the UK and are studying outside the UK because of coronavirus, that absence would not cause you to break your continuous residence in the UK for the purposes of acquiring a right of permanent residence, where it is for a single period of more than 6 months but not more than 12 months.
An absence or absences of more than 6 months but not more than 12 months in total in any continuous 5-year period of residence where coronavirus was not a factor will still interrupt your continuity of residence unless there was another important reason for the absence.
Self-isolating will only be considered an important reason for absence if you are, or were:
- under quarantine conditions, for example, when ill with coronavirus yourself
- sharing a house with someone ill with coronavirus
- required to self-isolate as a result of being, or being in contact with someone who is, in a vulnerable or high-risk category
In all cases where you have been prevented from travelling due to coronavirus you should provide a supporting letter with your application outlining the details and the dates you were ill or were in quarantine.
You’re only permitted a single absence exceeding 6 months (but not exceeding 12 months) for an important reason in any 5-year continuous residence period. More than one such absence will always interrupt your continuous residence in the UK regardless of the reason for it, including if you’re prevented from returning to the UK because of coronavirus.
Absence of more than 12 months
If you do not already have permanent residence status under the EEA Regulations, an absence from the UK of more than 12 months will always interrupt your continuity of residence. In these circumstances you’ll need to restart your continuous residence period by 31 December 2020.
Furloughed workers
If you’re an EEA national worker who is, or was, furloughed (temporarily relieved of your normal work duties or responsibilities under the Coronavirus Job Retention Scheme) as a result of the coronavirus public safety restrictions, you’ll continue to be treated as being in work during this period if you both:
- were in genuine and effective employment immediately prior to being furloughed, and
- remained under contract with your employer
If you meet these criteria, any time spent on furlough will be treated as time spent in work and will not break your continuity of lawful residence in the UK. You should provide evidence of this in support of your application for documentation in the form of letters from your employer, DWP or HMRC confirming payment of salary during the period of furlough.
This does not apply if you have been made involuntarily redundant as a result of coronavirus but you may be considered under the ‘retention of worker or self-employed status’ below.
Retention of worker or self-employed status
If you’re an EEA national worker or self-employed person you may retain that status where you’re temporarily unable to work as a result of illness or accident. If you were unable to work or engage in self-employed activities because you were ill with coronavirus you should provide medical evidence such as a doctor’s letter.
This also includes job loss specifically as a result of coronavirus restrictions but where you were not ill with coronavirus yourself. You should provide evidence, such as a letter from your employer, confirming the reasons for your involuntary unemployment. You will not need to provide evidence that you’re registered with a Jobcentre Plus and actively seeking work.
If, however, your job loss is for reasons unrelated to coronavirus you must refer to the ‘Retaining worker or self-employed person status’ on pages 23 to 26 of the EEA nationals qualified persons guidance.
Self-sufficiency and access to benefits
Under normal circumstances, a person who is self-sufficient would not normally be permitted to rely on benefits.
However, if you have a temporary interruption in availability of funds as a result of coronavirus restrictions and need to rely on benefits in the short term, then this should not directly lead to a refusal of an application for documentation.
You will need to provide evidence, such as DWP letters, that the temporary period of claiming benefits ceased quickly after any restrictions preventing you accessing available funds were lifted.
The requirement for a self-sufficient person to hold comprehensive sickness insurance is not affected by this temporary exemption.