If you have Pre-Settled Status as the family member of an EEA national, you can apply to upgrade your residence card.
For most EEA nationals and their family members, the deadline to apply for Settled Status or Pre-Settled Status in the UK under the EU Settlement Scheme is 30 June 2021.
The Home Office did not send out new residence documents to non-EEA nationals who were granted Pre-Settled Status if they already had a valid biometric residence card issued under the Immigration (European Economic Area) Regulations. The Home Office considers the online status provided under the Scheme to be adequate.
In reality, people who want clear and unambiguous evidence of their residence status in the UK after 30 June (for example, for travel in and out of the UK) might prefer to obtain a new residence card.
Biometric residence cards
The Home Office website offers confusing information about acceptable residence documents after 30 June.
For example, the web page about the EU Settlement Scheme says: “You will get a physical document if you do not already have a biometric residence card.”
The linked page about biometric residence cards says: “You can no longer apply for a UK residence card. If you already have a card, it will not be valid after 30 June 2021.”
Neither page explains what residence document you will need after 30 June 2021, or how to apply for it.
There are online systems to “view and prove your rights” under the Settlement Scheme, and for employers and landlords to check your “right to work” and “right to rent”.
Applying for a new card
However, you can in fact apply to upgrade your residence card using the application form here:
https://visas-immigration.service.gov.uk/product/biometric-residence-permit-replacement-service
The application form above is accessible from a link on the web page entitled “Replace your visa with a BRP”. The form asks for details of your existing residence card and EU Settlement Scheme application, and for information including your contact details and National Insurance number (if you have one). The application is free of charge.
It is not clear how residence card holders are intended to access this page, or understand that it is relevant to them.
If you would like advice about how to upgrade your residence card, or any other part of the EU Settlement Scheme, please contact me.
Kitty Falls
Solicitor
Email: kf@kfimmigration.com
Tel: 07752722292
26 March 2021