Immigration Corner | What is a UK Residence Permit?

Dear Mr Bassie,

I would like to know what a UK residence card is. I would appreciate any information.

– SB

Dear SB,

Please note that United Kingdom (UK) residence cards are also called EEA biometric residence cards (BRCs). Persons should also be aware that they can no longer apply for or replace a UK residence card.

Persons who already have a UK residence card, what they can use it for will depend much on whether they:

• Have pre-settled or settled status under the EU Settlement Scheme

• Do not have pre-settled or settled status under the EU Settlement Scheme

A UK residence card or BRC is different from a ‘biometric residence permit’ (BRP). Persons might have a BRP if they have a visa for more than six months, indefinite leave to remain, or certain Home Office travel documents. BRPs say ‘residence permit’ on them.

PRE-SETTLED OR SETTLED STATUS

Those persons who have pre-settled or settled status can continue to use their residence card until it expires. They can use it to:

• Re-enter the country having travelled abroad

• Get a share code online to prove their immigration status

They can also use their share code to:

• Prove their right to work to an employer

• Prove their right to rent to a landlord

• Prove that they qualify for certain benefits

RE-ENTERING THE UK

Before travelling abroad, persons will need to log in to their United Kingdom Immigration and Visa (UKVI) account to check that their eVisa is linked to their current passport or travel document.

If they cannot update their UKVI account and they are already abroad, they will need to apply for an EU Settlement Scheme travel permit to travel back to the UK.

LOST, STOLEN OR EXPIRED RESIDENCE CARDS

Please note that persons cannot replace a lost, stolen or expired residence card. However, they must still report that it has been lost or stolen. Residence cards are being replaced by eVisas. Which is an online record of your immigration status.

Persons should note that they do not need to do anything to get an eVisa. They can see it in their UK Visas and Immigration (UKVI) account.

DO NOT HAVE PRE-SETTLED OR SETTLED STATUS

Persons cannot use their UK residence card at the border to enter the UK unless they have applied to the European Union (EU) Settlement Scheme by June 30, 2021. They might still be able to apply to the EU Settlement Scheme if they have not yet applied.

Please note that, if the UK residence card has not reached its expiry date, persons can use it as proof of identity when applying to the EU Settlement Scheme.

Just for completeness, please note that those persons can apply for an EU Settlement Scheme family permit to go to the UK and apply to the EU Settlement Scheme once they are there. Those persons who cannot apply should check with the British authorities what type of visa they will need to return to the UK.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com