Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 25 July 2017 to Question 5865, whether applicants for settled status will need to have resided legally for a continuous period of five years within the meaning of Article 16(1) and Article 16(2) of the EU Free Movement Directive 2004/38/EC.

As set out on page 5 of the “Joint technical note on the comparison of EU-UK positions on citizens’ rights” (www.gov.uk/government/publications/joint-technical-note-on-the-comparison-of-eu-uk-positions-on-citizens-rights), the UK’s position is that eligibility for settled status should be based on the conditions set out in Articles 16 and 17 of the EU Free Movement Directive (2004/38/EC).