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EEA Residence Cards are no longer valid and cannot be used to prove UK immigration status. Eligible non-EEA family members of EEA nationals living in the UK should seek permission to remain in the UK under the EU Settlement Scheme or by applying for an appropriate visa.
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What is an EEA Residence Card?
An EEA residence card, also known as an EEA biometric residence card (BRC), was a document used to prove an individual’s enduring right to reside in the UK.
EEA residence cards were issued to non-EEA family members of EEA nationals living in the UK, providing them with proof of their right to reside, work, and access services. However, following the UK’s departure from the European Union, the situation surrounding EEA Residence Cards has changed significantly.
Post-Brexit Rules for EEA Nationals
EEA Residence Cards are no longer valid. They became invalid on 30 June 2021, following the end of the Brexit transition period. After this date, EEA nationals and their family members who wished to continue living in the UK were required to have applied for and obtained status under the EU Settlement Scheme (EUSS) before the deadline of 30 June 2021.
The EUSS offers two statuses: settled status for those who have lived in the UK for five years or more, and pre-settled status for those who have lived in the UK for less than five years. Both statuses provide the right to live, work, study, and access public services in the UK.
For those who missed the application deadline, late applications can still be made under certain circumstances. However, individuals in this situation may face restrictions and should seek legal advice to understand their options.
EEA nationals currently living in the UK should use their EUSS status to prove their immigration status. This can be done online using the government’s ‘View and Prove’ service, which allows individuals to share their status with employers, landlords, and other relevant parties using a share code.
EEA Residence Card FAQs
What is an EEA Residence Card?
An EEA Residence Card was a document issued to non-EEA family members of EEA nationals living in the UK, confirming their right to reside, work, and access public services.
Are EEA Residence Cards still valid?
No, EEA Residence Cards became invalid on 30 June 2021. After this date, EEA nationals and their family members need to rely on their status under the EU Settlement Scheme (EUSS) to prove their right to live and work in the UK.
What should I do if I missed the EUSS application deadline?
If you missed the 30 June 2021 deadline, you can still apply late under certain circumstances, such as having a reasonable ground for missing the deadline. It’s advisable to seek legal guidance to explore your options.
How can I prove my immigration status in the UK now?
EEA nationals and their family members can prove their immigration status using the EU Settlement Scheme. The UK government provides an online service called ‘View and Prove,’ which allows you to share your status with employers, landlords, and other relevant parties.
Do I need to carry a physical document to prove my status?
No, the EU Settlement Scheme does not provide physical documents. Your status is digital, and you can share it online through the ‘View and Prove’ service.
Can I still apply for settled or pre-settled status?
You can still apply if you meet the criteria and have a valid reason for a late application. This applies to both settled status (for those who have lived in the UK for five years or more) and pre-settled status (for those who have lived in the UK for less than five years).
What happens if my EUSS application is refused?
If your application is refused, you may have the right to appeal the decision or reapply. It is important to understand the reasons for refusal and consider seeking legal advice to address any issues.
Glossary
| Term | Definition |
|---|---|
| EEA Residence Card | A document previously issued to non-EEA family members of EEA nationals living in the UK, confirming their right to reside, work, and access services. |
| EEA National | A citizen of a country that is part of the European Economic Area (EEA), which includes EU countries plus Iceland, Liechtenstein, and Norway. |
| EU Settlement Scheme (EUSS) | A UK government scheme that allows EEA nationals and their family members to apply for settled or pre-settled status to continue living in the UK post-Brexit. |
| Settled Status | Status granted under the EUSS to individuals who have lived in the UK for five years or more, giving them the right to live, work, and access services indefinitely. |
| Pre-settled Status | Status granted under the EUSS to individuals who have lived in the UK for less than five years, allowing them to stay until they reach the five-year mark and apply for settled status. |
| Brexit | The process of the United Kingdom leaving the European Union, which officially took place on 31 January 2020. |
| View and Prove Service | An online service provided by the UK government that allows individuals with EUSS status to share their immigration status with employers, landlords, and others. |
| Grace Period | The period after Brexit, ending on 30 June 2021, during which EEA nationals and their family members could apply for the EUSS. |
| Right to Work | The legal right for a person to work in the UK, often requiring proof of immigration status or citizenship. |
| Non-EEA Family Member | A family member of an EEA national who is not from an EEA country, such as a spouse, child, or dependent relative. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
