EU Settlement Scheme

Prior to Brexit, European Economic Area (EEA)/Swiss citizens (termed ‘EEA citizens’ for these purposes) and their family members benefited from EU free movement rights, which were primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK on 17 October 2019, and the equivalent agreements reached with Norway, Iceland and Liechtenstein and Switzerland, these Regulations continued to apply in full throughout the transition period that applied immediately after the UK left the EU (ie between 1 February 2020 and 11 pm on 31 December 2020).

For details of the legal mechanisms for which effected the end of free movement, see Practice Note: What does IP completion day mean for Immigration? All EEA citizens arriving in the UK from that time (who are not otherwise in scope of the EU Settlement Scheme) are subject to the new ‘single’ post-Brexit immigration system.

The EU Settlement Scheme (the Scheme) was introduced as a new immigration route under the Immigration Rules that allows EEA citizens and their family

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Latest Immigration News

Home Office announces eVisa transition plans and extended BRP acceptance for travel

In a written statement made by the Minister for Migration and Citizenship Seema Malhotra MP, the Home Office has  reiterated plans to facilitate the transition from physical Biometric Residence Permits (BRPs) to eVisas, and announced that carriers will be permitted to accept Biometric Residence Permits or EU Settlement Scheme Biometric Residence Cards expiring on or after 31 December 2024 as valid travel evidence until at least 31 March 2025. The statement notes the recent streamlining of the No Time Limit (NTL) application process for ‘legacy document’ (such as passports containing ink stamps or a vignette sticker) holders, and enhancing support services for vulnerable individuals. It  emphasises that over 3.1 million people have successfully transitioned to eVisas between March and November 2024, but notes that there remain some who have not, and also that some people have faced problems in the account creation process. Legacy document holders can continue using existing documents to prove rights where currently permitted, and individuals can access Right to Work and Rent services using expired BRPs if they maintain valid immigration status. The statement also states that ‘printed documents’ (written confirmation by email or letter that they have been granted permission) can also be used ‘when interacting with the Home Office should any subsequent issues be encountered with their eVisa’. These measures aim to ensure a smooth transition while addressing concerns raised by stakeholders and the public.

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