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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Expired BRPs can be used for up to 18 months for various ID verification purposes

Various Home Office guidance documents have been amended on 27 March 2024 to confirm that expired Biometric Residence Permits (BRPs) and EU Settlement Scheme Biometric Residence Cards (BRCs) can be used for up to 18 months after the expiry date as a valid identity document for verification of immigration status purposes in various interactions with the Home Office, provided the holder still has valid leave. These include opening a UKVI account in order to access an eVisa, using the ‘UK Immigration: ID Check’ app to make an application, confirming that you are free from immigration time restrictions for the purposes of an application for citizenship, applying for change of conditions to obtain access to public funds, and sitting the Life in the UK test. This follows the coming the into force of amendments to the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048 on the same date, which gives holders of expired BRPs who are under 70 years old a deadline of 18 months within which to replace their ex BRP with an eVisa. Appendix EU of the Immigration Rules is also being amended on 9 April 2025, further to Statement of Changes in Immigration Rules HC 733, to allow a non-EEA national applicant in an EUSS application to use a BRC or BRP for up to 18 months after its expiry as proof of identity and nationality and without having to re-enrol fingerprints. It remains the case that expired BRPs/BRCs can still only be used for travelling back to the UK until 1 June 2025 after which an eVisa will be required.

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