The UK Residence Card for extended family members of European Economic Area (EEA) nationals provided a pathway for individuals with close but non-direct family relationships to reside in the United Kingdom. While this scheme was impacted by the UK’s exit from the European Union, understanding its history, eligibility, and post-Brexit implications remains essential for individuals and families seeking clarity on their rights.
This comprehensive guide explores the UK Residence Card for extended family members of EEA nationals, covering eligibility, the application process, and its status post-Brexit. It also discusses alternatives for extended family members under current UK immigration rules.
What Was the UK Residence Card for Extended Family Members?
The UK Residence Card was a legal document issued to extended family members of EEA nationals exercising their treaty rights in the UK. These treaty rights included working, studying, or being self-sufficient. The card served as evidence of the holder’s right to reside in the UK and facilitated employment, travel, and access to services.
Who Qualified as an Extended Family Member?
Extended family members included individuals who were not direct family members (spouse, child, or parent) but had close ties to the EEA national. Examples included:
- Unmarried Partners: In a durable relationship akin to marriage.
- Dependent Relatives: Such as siblings, cousins, aunts, or uncles who were financially or medically dependent on the EEA national.
- Members of the Same Household: Relatives living in the same household before moving to the UK.
The key requirement was proving dependency or a durable relationship, which often involved extensive documentation.
Eligibility Criteria for the Residence Card
Applicants needed to demonstrate their relationship with the EEA national and provide evidence that the EEA national was exercising treaty rights in the UK.
1. Relationship with the EEA National
- Proof of family relationship or partnership, such as:
- Birth certificates for relatives.
- Evidence of cohabitation for unmarried partners (e.g., joint bank statements, utility bills).
2. Dependency
- Financial dependency required evidence such as:
- Bank transfers showing regular financial support.
- Medical records demonstrating reliance on the EEA national for care.
3. EEA National’s Status
- Evidence that the EEA national was exercising treaty rights, including:
- Employment contracts or pay slips.
- Proof of self-sufficiency or enrollment in educational institutions.
Application Process for the Residence Card
Step 1: Gather Supporting Documents
Applicants had to compile extensive documentation to support their relationship, dependency, and the EEA national’s status.
Required Documents:
- Passport or national ID of the applicant and EEA national.
- Proof of relationship or dependency.
- Evidence of the EEA national’s treaty rights in the UK.
- Recent photographs meeting UK visa requirements.
Step 2: Complete the Application Form
Applicants completed Form EEA(FM), specifically designed for family members of EEA nationals. The form required detailed information about the applicant’s relationship, living arrangements, and financial ties.
Step 3: Submit the Application
The completed application form, along with supporting documents and the applicable fee, was submitted to UK Visas and Immigration (UKVI). Biometrics, including fingerprints and photographs, were also required.
Step 4: Await a Decision
Processing times varied, typically taking up to six months. Successful applicants received a Residence Card valid for five years, after which they could apply for permanent residency.
Post-Brexit Changes to the Residence Card
Following the UK’s withdrawal from the EU, the rights and status of EEA nationals and their family members underwent significant changes. The Residence Card scheme was replaced by the EU Settlement Scheme (EUSS), and the following key changes occurred:
1. End of New Applications
- Applications for the Residence Card ceased after December 31, 2020, coinciding with the Brexit transition period.
- Existing Residence Card holders were encouraged to apply for status under the EUSS.
2. Transition to the EU Settlement Scheme
- Residence Card holders could apply for Settled Status (indefinite leave to remain) or Pre-Settled Status under the EUSS, depending on their length of residence in the UK.
- The deadline for EUSS applications was June 30, 2021, although late applications were accepted under specific circumstances.
3. Validity of Existing Cards
- Residence Cards issued before the transition period remained valid until June 30, 2021. After this date, they no longer conferred residency or work rights.
Current Options for Extended Family Members
Although the Residence Card scheme has ended, extended family members can explore alternative pathways to remain or join family members in the UK:
1. EU Settlement Scheme (EUSS)
- Individuals who missed the initial deadline can submit a late application if they meet specific criteria.
- Proof of dependency or a durable relationship is still required.
Visit the EU Settlement Scheme page for more details.
2. Family Visa
- Extended family members may qualify for a UK Family Visa if they are dependent relatives of a British citizen or a person settled in the UK.
- Requires significant evidence of dependency and financial support.
3. Skilled Worker Visa
- Individuals with job offers in the UK may apply for a Skilled Worker Visa, provided they meet eligibility criteria, including salary thresholds and sponsorship by a UK employer.
4. Other Visa Routes
- Options such as Visitor Visas or Long-Term Dependent Visas may apply depending on individual circumstances.
Frequently Asked Questions (FAQs)
1. Can I still apply for a Residence Card as an extended family member?
No, the Residence Card scheme ended on December 31, 2020, and was replaced by the EU Settlement Scheme.
2. What happens if I did not apply for the EU Settlement Scheme by the deadline?
You can submit a late application if you have a valid reason, such as illness or lack of awareness about the deadline.
3. Do I need to reapply for Settled Status if I have a Residence Card?
Yes, Residence Card holders must transition to Settled or Pre-Settled Status under the EUSS to maintain their residency rights.
4. Can I apply for permanent residency with a Residence Card?
Yes, individuals with a valid Residence Card who meet the residency requirements may apply for indefinite leave to remain under the EUSS.
5. What documents are required for a late EU Settlement Scheme application?
Evidence of dependency, residency, and relationship with the EEA national is required. The exact documents depend on your circumstances.
Tips for Navigating Post-Brexit Immigration Rules
- Act Quickly: If you missed the EUSS deadline, apply as soon as possible to avoid complications.
- Gather Comprehensive Evidence: Demonstrate your dependency or durable relationship with detailed documentation.
- Seek Legal Advice: Immigration lawyers can help clarify your options and strengthen your application.
- Monitor UKVI Updates: Stay informed about changes to immigration rules that may impact your status.
Conclusion
The UK Residence Card for extended family members of EEA nationals played a vital role in enabling cross-border family connections. While the scheme has ended due to Brexit, individuals can transition to the EU Settlement Scheme or explore other visa options to maintain their residency rights in the UK. Understanding the changes and preparing thorough applications is essential for securing long-term status.
For more information, visit the official UK Government EU Settlement Scheme page or consult with an immigration expert to determine the best pathway for your circumstances.