CA-2024-001773 - [2025] EWCA Civ 1057

“Article 18 Issuance of residence documents

1.The host State may require Union citizens or United Kingdom nationals, their respective family members and other persons, who reside in its territory in accordance with the conditions set out in this Title, to apply for a new residence status which confers the rights under this Title and a document evidencing such status which may be in a digital form.

Applying for such a residence status shall be subject to the following conditions:

the purpose of the application procedure shall be to verify whether the applicant is entitled to the residence rights set out in this Title. Where that is the case, the applicant shall have a right to be granted the residence status and the document evidencing that status;

…

the host State may only require Union citizens and United Kingdom nationals to present, in addition to the identity documents referred to in point (i) of this paragraph, the following supporting documents as referred to in Article 8(3) of [the CRD]:

where they reside in the host State in accordance with point (a) of Article 7(1) of [the CRD] as workers or self-employed, a confirmation of engagement from the employer or a certificate of employment, or proof that they are self‐employed;

where they reside in the host State in accordance with point (b) of Article 7(1) of [the CRD] as economically inactive persons, evidence that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host State during their period of residence and that they have comprehensive sickness insurance cover in the host State; or

where they reside in the host State in accordance with point (c) of Article 7(1) of [the CRD] as students, proof of enrolment at an establishment accredited or financed by the host State on the basis of its legislation or administrative practice, proof of comprehensive sickness insurance cover, and a declaration or equivalent means of proof, that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host State during their period of residence. The host State may not require such declarations to refer to any specific amount of resources.

With regard to the condition of sufficient resources, Article 8(4) of Directive [the CRD] shall apply;

…

the new residence document shall include a statement that it has been issued in accordance with this Agreement.

…

Pending a final decision by the competent authorities on any application referred to in paragraph 1, and pending a final judgment handed down in case of judicial redress sought against any rejection of such application by the competent administrative authorities, all rights provided for in this Part shall be deemed to apply to the applicant, including Article 21 on safeguards and right of appeal, subject to the conditions set out in Article 20(4).

Where a host State has chosen not to require Union citizens or United Kingdom nationals, their family members, and other persons, residing in its territory in accordance with the conditions set out in this Title, to apply for the new residence status referred to in paragraph 1 as a condition for legal residence, those eligible for residence rights under this Title shall have the right to receive, in accordance with the conditions set out in [the CRD], a residence document, which may be in a digital form, that includes a statement that it has been issued in accordance with this Agreement.”

By Article 19, a host State can allow applications for a residence status or residence document under Article 18 to be made voluntarily from the date of entry into force of the Withdrawal Agreement. Decisions to accept or refuse such applications must be taken in accordance with Article 18(1) and (4) but, under Article 19(2): “Decisions under Article 18(1) shall have no effect until the end of the transition period”.

Article 23 deals with equal treatment. It provides: