This post provides an overview of the various documents and processes related to UK residence and derivative residence cards under the EEA Regulations (Pre-Brexit). We’ll cover the different types of documents, eligibility criteria, application processes, and refusal rates for each category.
Table of Contents
1. Types of Documents under the EEA Regulations (Pre-Brexit)
There were four main types of documents under the EEA Regulations before Brexit: UK Residence Card, EEA Registration Certificate, Permanent Resident Card (PRC), and Documents Certifying Permanent Residence. These documents were issued to non-EEA family members and EEA nationals to confirm their rights of residence in the UK.
- UK Residence Card: Issued to non-EEA family members of EEA nationals living in the UK.
- EEA Registration Certificate: Issued to EEA nationals living in the UK.
- Permanent Resident Card (PRC): Issued to non-EEA family members who have lived in the UK for five continuous years.
- Documents Certifying Permanent Residence: Issued to EEA nationals who have acquired permanent residence in the UK.
2. UK Residence Card for Non-EEA Family Members (Pre-Brexit)
A UK Residence Card was a document issued to non-EEA family members of EEA nationals who exercised their right to free movement in the UK. This card confirmed the holder’s right to live and work in the UK under EU law. Non-EEA family members include spouses, civil partners, children, and other dependents of EEA nationals.
- Eligibility Criteria: Non-EEA family members of EEA nationals exercising treaty rights in the UK.
- Application Process: Complete the application form, provide supporting documents, pay the fee, enroll biometrics, and wait for a decision.
- Processing Time: Typically, six months.
- Validity and Renewal: Valid for five years, then eligible for Permanent Residence Card or EU Settlement Scheme (if applicable).
Eligibility Criteria
To be eligible for a UK Residence Card, the applicant had to meet the following criteria:
- Be a non-EEA national family member of an EEA national exercising treaty rights in the UK
- Provide evidence of their relationship to the EEA national (e.g., marriage or birth certificate)
- Demonstrate that the EEA national was a qualified person (e.g., worker, self-employed, student, or self-sufficient person) or had acquired the right of permanent residence in the UK
Application Process
The application process for a UK Residence Card involved the following steps:
- Complete the appropriate application form, either online or in paper format
- Provide supporting documentation, such as evidence of relationship, EEA national’s identity, and proof of their status in the UK
- Pay the required application fee
- Enroll biometric information, including fingerprints and photograph
- Submit the application and wait for a decision from the Home Office
Processing Time
The Home Office aimed to process UK Residence Card applications within six months. However, processing times could vary depending on the complexity of the case, completeness of the application, and supporting evidence provided.
Validity and Renewal
A UK Residence Card was valid for five years. After five years of continuous residence in the UK, the non-EEA family member could apply for a Permanent Residence Card or settle under the EU Settlement Scheme (if applicable).
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3. EEA Registration Certificate (Pre-Brexit)
An EEA Registration Certificate was a document issued to EEA nationals living in the UK to confirm their right to reside under EU law. It provided evidence of their status as a qualified person exercising their treaty rights. This section provides an overview of the EEA Registration Certificate, its purpose, and the application process.
- Eligibility Criteria: EEA nationals exercising treaty rights in the UK.
- Application Process: Complete the application form, provide supporting documents, pay the fee, and wait for a decision.
- Processing Time: Typically, six months.
- Validity and Renewal: No expiry date but may need to be updated if personal circumstances change.
Purpose of the EEA Registration Certificate
The EEA Registration Certificate confirmed the holder’s right to live and work in the UK as an EEA national. It served as evidence of their status in the UK and could be used to support applications for other immigration documents, such as residence cards for non-EEA family members.
Eligibility Criteria
To be eligible for an EEA Registration Certificate, applicants had to be EEA nationals exercising their treaty rights in the UK. This typically meant they were either working, self-employed, studying, or self-sufficient.
Application Process
- Complete the application form: The applicant needed to complete the relevant application form, providing personal information and details about their EEA nationality and activities in the UK.
- Provide supporting documents: Applicants were required to submit evidence of their EEA nationality, proof of employment or self-employment, and any other relevant documents.
- Pay the application fee: A fee was payable for the processing of the application.
- Submit the application: The completed application and supporting documents were submitted to the Home Office for processing.
- Receive a decision: The Home Office would assess the application and issue a decision. If successful, the applicant would be granted an EEA Registration Certificate.
It is important to note that the EEA Registration Certificate is no longer issued following Brexit. EEA nationals now need to apply for the EU Settlement Scheme to secure their immigration status in the UK.
4. Refusal Rate (2004-17): UK Residence Card and EEA Registration Certificates – A Statistical Overview
This section provides a statistical overview of the refusal rate for UK Residence Card and EEA Registration Certificate applications between 2004 and 2017. We will discuss the total number of applications, issued documents, refusals, and invalid applications, along with the overall success and refusal rates during this time period.
UK Residence Card and EEA Registration Certificate Applications (2004-17)
From 2004 to 2017, there were a total of 994,383 applications for UK Residence Cards and EEA Registration Certificates submitted by EEA and non-EEA nationals.
Issued Documents and Refusal Rates (2004-17)
During this period, the Home Office issued 740,881 EEA Registration Certificates and UK Residence Cards. A total of 169,103 applications were refused, while 84,399 applications were declared invalid.
Invalid Applications and Refusal Rate Analysis
Invalid applications accounted for 8.40% (84,399) of the total applications (994,383) for UK Residence Cards and EEA Registration Certificates. Consequently, the overall success rate and refusal rate as a percentage of total applications were 74.50% and 17.01%, respectively.
When considering only valid applications (909,984), the refusal rate is slightly higher at 18.58%.
In conclusion, being aware of the refusal rate for UK Residence Card and EEA Registration Certificate applications can provide valuable insights for applicants seeking these documents. By understanding these statistics, applicants can better prepare their applications and improve their chances of success, ensuring a smoother process and greater stability in the UK.
5. Permanent Resident Card (PRC) and Documents Certifying Permanent Residence: A Comprehensive Overview
This section provides a detailed overview of the Permanent Resident Card (PRC) and Documents Certifying Permanent Residence, which are essential for non-EEA nationals and EEA nationals, respectively, seeking to establish their permanent residence status in the UK. We will discuss the eligibility criteria, application process, and benefits of obtaining these documents.
A Permanent Resident Card (PRC) was issued to non-EEA family members of EEA nationals who had lived in the UK for a continuous period of 5 years. Documents Certifying Permanent Residence were issued to EEA nationals with a similar 5-year residence history.
- Eligibility Criteria: EEA nationals and their family members who have lived in the UK for five continuous years, exercising treaty rights.
- Application Process: Complete the application form, provide supporting documents, pay the fee, and wait for a decision.
- Processing Time: Typically, six months.
- Validity and Renewal: No expiry date but may need to be updated if personal circumstances change or replaced with settled status under the EU Settlement Scheme (if applicable).
Understanding Permanent Residence in the UK
Permanent residence refers to an individual’s right to live and work in the UK indefinitely without any immigration restrictions. Non-EEA nationals can apply for a Permanent Resident Card (PRC), while EEA nationals can apply for Documents Certifying Permanent Residence to confirm their permanent residence status.
Eligibility Criteria for PRC and Documents Certifying Permanent Residence
Applicants must meet the following eligibility criteria to obtain a PRC or Documents Certifying Permanent Residence:
- Reside in the UK for a continuous period of five years
- Exercise treaty rights (e.g., as a worker, self-employed person, self-sufficient person, or student)
- Hold comprehensive sickness insurance if required
- Not have any extended absences from the UK during the five-year period (i.e., not more than six months in any 12-month period)
Application Process for PRC and Documents Certifying Permanent Residence
To apply for a PRC or Documents Certifying Permanent Residence, applicants must:
- Complete the relevant application form
- Provide supporting documents to demonstrate their eligibility (e.g., proof of residence, employment records, etc.)
- Pay the required application fee
- Submit biometric information, if required
Benefits of Obtaining a PRC or Documents Certifying Permanent Residence
Having a PRC or Documents Certifying Permanent Residence offers several advantages, including:
- Confirmation of the right to live and work in the UK without restrictions
- Easier access to public services, healthcare, and education
- Greater security and stability in the UK
- Ability to sponsor family members for residence in the UK
- A potential pathway to British citizenship
In conclusion, obtaining a Permanent Resident Card (PRC) or Documents Certifying Permanent Residence is an essential step for non-EEA and EEA nationals seeking to establish their permanent residence status in the UK. By understanding the eligibility criteria, application process, and benefits associated with these documents, applicants can make informed decisions and take appropriate steps to secure their future in the UK.
It is important to note that these documents are no longer issued for EEA nationals and their non-EEA family members following Brexit. They now need to apply for the EU Settlement Scheme to secure their immigration status in the UK. Understanding the post-Brexit changes and requirements will help ensure a smooth transition and maintain a valid immigration status in the UK.
6. Refusal Rate (2004-17): PRC and EEA Documents Certifying Permanent Residence – A Statistical Analysis
This section presents a statistical analysis of the refusal rate for Permanent Resident Cards (PRC) and EEA Documents Certifying Permanent Residence applications between 2004 and 2017. We will examine the number of applications, issued documents, refusals, and invalid applications, as well as the overall success and refusal rates during this period.
PRC and EEA Documents Certifying Permanent Residence Applications (2004-17)
From 2004 to 2017, a total of 542,669 applications were submitted for the issuance of Documents Certifying Permanent Residence and Permanent Residence Cards by EEA and Non-EEA family members.
Issued Documents and Refusal Rates (2004-17)
During this period, 401,519 Documents Certifying Permanent Residence and Permanent Residence Cards were issued. A total of 89,678 applications were refused, while 51,472 applications were declared invalid.
Invalid Applications and Refusal Rate Analysis
Invalid applications accounted for 9.48% (51,472) of the total applications (542,669) for EEA Documents Certifying Permanent Residence and UK Permanent Residence Cards. Consequently, the overall success rate and refusal rate as a percentage of total applications were 73.98% and 16.53%, respectively.
When considering only valid applications (491,197), the refusal rate is slightly higher at 18.26%.
In conclusion, understanding the refusal rate for Permanent Resident Cards (PRC) and EEA Documents Certifying Permanent Residence applications can provide valuable insights for applicants seeking permanent residence in the UK. By being aware of these statistics, applicants can better prepare their applications and improve their chances of success, ensuring a smoother process and greater stability in the UK.
7. Guidance Notes: Brexit and the EU Settlement Scheme
Due to Brexit, UK residence cards, EEA registration certificates, and PR cards issued under EEA Regulations became invalid after December 31, 2020. The rights of EU nationals living in the UK did not change until June 30, 2021, for those residing in the UK before December 31, 2020, without a deal. To facilitate continued residence in the UK, the Home Office introduced a new route under Appendix EU on March 29, 2019.
EEA nationals and non-EEA family members can apply for settled and pre-settled status in the UK under the EU Settlement Scheme (EUSS). Non-EEA family members can also apply for an EUSS family permit from outside the UK without proof of entitlement or directly under the EU Settlement Scheme with proof of entitlement.
Key Points: UK Residence Cards and EEA Certificates (Pre-Brexit)
EEA Nationals and Freedom of Movement Rights
An EEA national is a citizen of one of the European Economic Area (EEA) countries. EEA nationals have the same freedom of movement rights as European Union (EU) citizens. In the UK, EEA Regulations extend free movement rights to all EEA and Swiss nationals, despite Switzerland not being a member of the EU or EEA.
Valid Applications under EEA Regulations
An application for an EEA registration certificate, UK residence card, or document certifying permanent residence (EEA PR card) is valid if submitted on the specified form with all relevant sections completed, accompanied by the relevant fee and documentation, and not invalid due to a removal, deportation, or exclusion order.
Invalid Applications and Reasons
Applications for EEA registration certificates, UK residence cards, or EEA PR cards may be rejected as invalid if incomplete, not submitted with payment, or if the applicant is subject to a removal decision or an exclusion order under EEA Regulations 2016.
Translation of Documents for EEA Applications
As of February 16, 2019, certified English translations are no longer required for EEA applications. Applicants can request multilingual standard forms (MSFs) from EU/EEA Member countries to submit with their original documents.
Passport Retention during EEA Application Processing
As of April 9, 2019, the European Passport Return Service (EPRS) allowing applicants to keep their EU/EEA passports during application processing has been discontinued.
Benefits of a Document Certifying Permanent Residence
An EEA national is not legally required to obtain a document certifying permanent residence in the UK, but it can confirm their right to permanent residence, enable re-entry, and facilitate access to work and services.
Naturalization and Sponsoring Spouses or Civil Partners
If an EEA national wishes to apply for naturalization or sponsor a spouse or civil partner’s application under the immigration rules, they must obtain a document certifying permanent residence before applying for British naturalization or sponsoring their spouse or civil partner’s application.
8. Certificate of Application (COA) for UK Residence Cards: A Comprehensive Guide
This guide provides an overview of the Certificate of Application (COA) for UK residence and derivative residence cards under the EEA Regulations 2016. We’ll cover the types of COA, biometrics enrolment, timelines, and exceptions for various applicants.
Types of UK COA
There are two types of COA:
- Short COA: Confirms receipt of an application but does not confirm any right to work for the applicant.
- Long COA: Confirms receipt of an application and the applicant’s right to work in the UK while their application is pending.
Biometrics Enrolment for a UK COA
Since April 6, 2016, non-EEA nationals applying for a UK residence card must enrol for biometrics. The Home Office issues a COA after biometrics enrolment, usually within 2-3 working days.
UK COA Timelines
The Home Office issues a COA for residence cards immediately upon receiving a valid application and as soon as possible for derivative residence cards.
Short and Long COA for Different Applicant Categories
- Direct family members: Can receive a long COA if they provide the required evidence.
- Persons who have retained a right of residence: Can receive a long COA if they provide the required evidence.
- Exceptions: In certain cases, the Home Office may issue a long COA despite missing information.
- Extended family members (EFM): Only eligible for a short COA.
- Derivative rights applications: Can receive a long COA if they provide the required evidence.
In conclusion, understanding the types of COA, required documentation, and timelines is essential for applicants seeking UK residence or derivative residence cards. By providing accurate information and following the correct procedures, applicants can improve their chances of receiving a long COA, which allows them to work in the UK while their application is under consideration.
For further detail, please refer Gov.UK Settled and pre-settled status for EU citizens and their families.