UK RESIDENCE PERMIT
A UK Residence Permit, also known as a Residence Card, is an official document that allows non-European Economic Area (EEA) family members of EEA citizens or Swiss nationals to live and work in the UK. It is issued by the Home Office and provides evidence of the holder's right to reside in the UK.
A UK residence card, also known as an EEA biometric residence card (BRC), is no longer available. As an EU citizen, to continue living in the UK, you need another type of permission to stay, such as settled or pre-settled status under the EU Settlement Scheme.
EU SETTLEMENT SCHEME
The EU Settlement Scheme is a program introduced by the UK government to allow eligible EU, EEA, and Swiss citizens, as well as their eligible family members, to continue living and working in the UK after the end of the Brexit transition period. The scheme aims to protect the rights of EU citizens residing in the UK and grant them settled or pre-settled status, depending on their length of residence in the country.
PRE - SETTLED STATUS
The pre-settled status is granted to the EU settlement scheme applicants who cannot demonstrate that they lived in the UK for five uninterrupted years.
You must have started living in the UK by 31 December 2020 to be eligible to apply. After being given pre-settled status, you will be given five years to remain in the UK.
You are allowed to stay for two years outside of the UK and not lose the pre-settled status. However, you will not be able to apply for the settled status. In order to qualify for pre-settled status, you need to prove:
- You are an EEA citizen, or
- You are a family member of an EEA citizen, or
- You are a family that gained the right of residence through a relationship with an EEA citizen, or
- You are a person with a derivative right to reside, or
- You are a person with a Zambrano right to reside, or
- You have started to live in the UK on 31 December 2020, and
- You are not eligible for settled status because you have not completed the qualifying five-year period of residence.
Settled Status
Those who apply for the EU Settlement Scheme and can show proof of five years of continuous residency in the UK, the Channel Islands, or the Isle of Man are given settled status. You must have moved into the UK by December 31, 2020, unless you are a new family member.
The settled status is commonly known as the indefinite leave to remain.
If you have settled or pre-settled status
You can continue to use your residence card until it expires. You can use it to:
- re-enter the country if you travel abroad
- help prove you qualify for certain benefits and services
If you do not have settled or pre-settled status
You cannot use your UK residence card at the border to enter the UK unless you applied to the EU Settlement Scheme by 30 June 2021.
If you have not applied to the EU Settlement Scheme, you might still be able to apply. If your application is successful, you’ll be able to live in the UK for 5 years with pre-settled status or indefinitely if you get settled status.
If your UK residence card has not reached its expiry date, you can use it as proof of identity when you apply to the EU Settlement Scheme.
Who Can Apply for the EU Settlement Scheme?
In order to be considered to stay in the UK with lawful status by the Home Office, you must have immigration permission. Immigration permission is possible through the Settlement scheme or through another category of the UK’S Immigration Rules.
Eligible are:
- EU, Switzerland, Norway, Iceland, or Liechtenstein citizens
- Eligible family members of these groups
For most people, the deadline for applying to the EU Settlement scheme was 30 June 2021.
If you missed the deadline, you can still apply only in such cases that you have reasonable grounds on why you were unable to make the deadline and apply in time.
Examples of reasonable grounds include:
- Children (including children in care and care leavers).
- Physical or mental capacity and/or care or support needs.
- Serious medical condition or significant medical treatment.
- Victim of modern slavery.
- Abusive or controlling relationship or situation.
- Other compelling practical or compassionate reasons.