Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether for the purpose of legal aid eligibility (a) an application for a derivative rights of residence card and (b) a residence or permanent residence card or confirmation of settled status or pre settled status, are equivalent to an application for leave to enter or remain; and if he will make a statement.

The EU Settlement Scheme will provide a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018, for resident EU citizens and their family members to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020. An application for a residence card is not an application for leave to enter or remain and legal aid to assist with such an application is outside the scope of the legal aid scheme. Exceptional case funding may be available where there is a breach, or risk of a breach, of EU law or ECHR rights