Residence Card UK

A Residence Card was a form of immigration documentation once issued to non-EEA family members of EEA nationals who were exercising rights of free movement in the United Kingdom. Before Brexit, it served as evidence that the holder had a derivative right to live, work and study in the UK under EU law implemented domestically by the Immigration (European Economic Area) Regulations 2016. The card confirmed rights that existed by operation of EU law; it did not itself create immigration status. Those rights depended on the EEA sponsor continuing to exercise Treaty rights (for example as a worker, student, self-employed or self-sufficient person), subject to limited retained rights provisions.

Following the end of the transition period on 31 December 2020 and the repeal of the EEA Regulations, the UK completed its move to a wholly domestic immigration framework. From 1 July 2021, Residence Cards ceased to have legal effect for proving lawful residence, right to work or right to rent. Ongoing residence for eligible EU/EEA/Swiss citizens and their family members is protected under the Withdrawal Agreement and implemented through Appendix EU (the EU Settlement Scheme). Physical Residence Cards do not convert into status under Appendix EU and cannot be relied upon for compliance checks; individuals must hold valid immigration permission and evidence it via the Home Office’s digital systems.

What this article is about: This guide explains what the UK Residence Card was and how it operated before repeal, sets out the legal changes post-Brexit, and provides practical guidance on the current position. It covers late applications under the EU Settlement Scheme (Appendix EU), alternative routes under the Immigration Rules (including Appendix FM and work routes), and compliance considerations for employers and landlords under current right to work and right to rent frameworks.

Section A – What Was the UK Residence Card?

Before Brexit, the UK Residence Card was an official document issued to non-EEA family members of EEA nationals who were exercising Treaty rights in the United Kingdom. It functioned as confirmation of rights derived from EU law and implemented domestically by the Immigration (European Economic Area) Regulations 2016, which transposed Directive 2004/38/EC (the Free Movement Directive). The card evidenced a right that existed by operation of law; it did not itself create immigration status. Those rights depended on the EEA sponsor continuing to exercise Treaty rights in the UK.

From around 2015, Residence Cards were issued in biometric format for security and identity assurance. Under the EEA Regulations 2016, a Residence Card could cease to be valid if the EEA national sponsor stopped exercising Treaty rights or left the UK permanently, unless the non-EEA family member qualified to retain a right of residence (for example under Regulation 10 in cases such as divorce after a qualifying period, death of the EEA national, or where custody of a child in education was retained).

1. Legal definition and purpose

Under the EEA Regulations 2016, a Residence Card confirmed that a qualifying family member of an EEA national had a right of residence derived from the sponsor’s free movement rights as a worker, self-employed person, student or self-sufficient person. It provided practical proof to present to employers, landlords and service providers, and it facilitated re-entry after travel without a separate visa. The document confirmed an existing EU-derived right and was contingent on the sponsor’s status; it was not an independent grant of leave under the UK Immigration Rules. Where circumstances changed, retained rights provisions determined whether residence could continue without the sponsor.

2. Eligibility before Brexit

Prior to the end of the transition period, applicants for a Residence Card had to be non-EEA nationals and family members of eligible EEA citizens residing in the UK and exercising Treaty rights. Core categories included:

• Spouses and civil partners
• Direct descendants (children) under 21 or dependent, and dependent direct relatives in the ascending line (such as parents)
• Other family members who were dependent or members of the EEA national’s household, or who strictly required personal care on serious health grounds (considered on a more discretionary basis)

Eligibility depended on evidence of the family relationship and on the EEA national’s activity in the UK (for example employment, self-employment, study with comprehensive sickness insurance, or self-sufficiency). Extended family members faced narrower criteria and greater discretion in decision-making.

3. Validity and use

A Residence Card was typically issued with five-year validity and in biometric form. It was routinely accepted (until repeal) to evidence a right to work and a right to rent, and to access services. It also supported re-entry to the UK for travel purposes. However, it did not confer permanent residence: long-term rights required meeting the conditions for a document certifying permanent residence after five years’ continuous qualified residence under the EEA regime. The Residence Card’s evidential value was always linked to the continued exercise of Treaty rights or, where applicable, a retained right of residence.

Section Summary: The Residence Card was a domestic confirmation of EU-derived residence rights for non-EEA family members of EEA citizens. It simplified proof of lawful residence and associated entitlements but did not create immigration status. Its validity depended on the sponsor’s ongoing exercise of Treaty rights or on the holder meeting retained rights provisions, and it was issued in biometric form in later years.

Section B – Changes After Brexit

The UK’s withdrawal from the European Union brought an end to the free movement framework that had underpinned Residence Cards. When the transition period concluded on 31 December 2020, the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 repealed the EEA Regulations 2016, and the UK ceased to recognise residence rights based on EU law. From that point, all residence rights were governed solely by the UK’s domestic Immigration Rules.

To protect those already resident in the UK before the end of the transition period, the UK and EU agreed the Withdrawal Agreement. This preserved the rights of EU, EEA and Swiss citizens, and their family members, provided they applied under the EU Settlement Scheme (EUSS). The EUSS was the legal route that replaced the Residence Card system, ensuring continuity for those with pre-existing residence rights.

1. End of the EU Settlement Scheme transition

The EU Settlement Scheme opened in March 2019 and allowed eligible EU, EEA and Swiss citizens, and their family members, to secure their residence status under UK law. The application deadline for most people was 30 June 2021. Residence Cards issued under the EEA Regulations 2016 automatically lost legal effect on that date, even if the printed expiry date was later. Individuals who did not apply to the EUSS by the deadline became persons without lawful immigration status, unless they later qualified to submit a late application under Appendix EU on reasonable grounds.

The Withdrawal Agreement and Appendix EU together provided the transitional framework ensuring that those who had residence rights under EU law could continue living lawfully in the UK. However, failure to apply within the required time limits ended those protections, requiring affected persons to regularise their stay under other Immigration Rules.

2. Impact on existing Residence Card holders

From 1 July 2021, Residence Cards were no longer acceptable as proof of any immigration status. Employers, landlords and public authorities were instructed not to rely on them for right to work, right to rent, or access to services. Individuals were instead required to demonstrate lawful status digitally using the Home Office’s online checking service linked to a share code under the EU Settlement Scheme or another visa route.

Those who failed to transition to a valid status lost the right to work, rent property or re-enter the UK lawfully. Although they may still be able to make a late application under Appendix EU, they are treated in the interim as persons without lawful immigration status and may face enforcement action under the Immigration Act 1971. Employers and landlords are also at risk of civil penalties if they continue to rely on outdated documentation.

3. Current immigration routes

Since the repeal of the EEA Regulations, family members of EU, EEA and Swiss nationals must hold valid immigration permission under the UK Immigration Rules. The primary categories include:

• EU Settlement Scheme (Appendix EU): For those who lived in the UK before 31 December 2020, providing pre-settled or settled status.
• Family Visa under Appendix FM: For spouses, partners and family members of British citizens or persons with settled status.
• Skilled Worker Visa and other work routes: For those coming to the UK for employment with licensed sponsors meeting salary and skill thresholds.
• Other visa categories: Including Global Talent, Health and Care Worker, and Graduate visas, depending on qualifications and purpose of stay.

Each route is governed by separate eligibility and evidential criteria, and applicants must apply and be granted permission before travelling to the UK unless exempt. Employers and landlords must check each individual’s digital status to comply with current Home Office guidance.

Section Summary: The end of free movement on 31 December 2020 and the full repeal of the EEA Regulations 2016 marked the legal termination of Residence Cards. From July 2021, they no longer conferred or evidenced any rights. Individuals were required to apply under the EU Settlement Scheme or another visa category to remain lawfully in the UK. Employers and landlords must rely on the Home Office’s digital status systems for compliance, as physical cards are no longer valid proof of residence or employment rights.

Section C – Applying for a Residence Card Before Abolition

Before the repeal of the EEA Regulations, the Residence Card application process gave non-EEA family members of EEA nationals a formal mechanism to evidence their derivative right of residence under EU law. While the card itself no longer carries any legal effect, understanding the historic procedure remains relevant for late EU Settlement Scheme applications or for appeals involving residence before Brexit.

1. Application process (historic)

Before 2021, applicants could apply for a Residence Card using the paper form EEA(FM), which was later replaced by an online submission platform in 2018. Applications required a comprehensive bundle of documentary evidence, including:

• Proof of identity – a valid passport or travel document
• Evidence of the qualifying family relationship – for example, a marriage certificate, birth certificate, or proof of dependency
• Evidence that the EEA national sponsor was exercising Treaty rights in the UK – such as an employment contract, recent payslips, tax records or proof of self-employment
• Evidence of cohabitation or dependency where relevant

Applications were normally processed within six months, and successful applicants were issued a biometric Residence Card valid for five years. This could be used to demonstrate a right to work, rent or access services in the UK. After five years of continuous qualified residence, holders could apply for a Permanent Residence Card confirming long-term rights under EU law.

2. Appeal rights

If a Residence Card application was refused, the applicant had a statutory right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Common grounds of appeal included disputes over the genuineness of the relationship, dependency, or whether the EEA national was genuinely exercising Treaty rights. Appeal rights were preserved for cases lodged before 31 December 2020 under Schedule 3 to the European Union (Withdrawal Agreement) Act 2020 and related transitional provisions.

Following the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020, applications submitted before the 30 June 2021 deadline could continue to be processed where rights existed under the Withdrawal Agreement. This ensured procedural continuity for pending cases during the transition from the EEA regime to the EU Settlement Scheme.

3. Transitional and pending cases

When the EEA Regulations were repealed, any Residence Card applications still pending on 30 June 2021 were no longer processed in the usual way. Applicants were invited instead to apply under the EU Settlement Scheme if eligible. For Residence Cards already issued, the physical document became invalid on 1 July 2021, even if the printed expiry date had not yet passed.

Despite their expiry, old Residence Cards can still serve an evidential purpose in proving historic residence when submitting a late EU Settlement Scheme application or supporting an appeal. They demonstrate that the holder previously enjoyed lawful residence under EU law, which may be relevant in assessing eligibility under Appendix EU.

Section Summary: Before abolition, the Residence Card process provided an administrative framework for confirming EU residence rights. Applications required evidence of identity, family relationship and the sponsor’s economic activity. Although the EEA regime has been repealed, Residence Cards and related documentation continue to hold value as historic evidence in late EUSS applications and appeals where prior residence under EU law must be proven.

Section D – Current Position and Practical Guidance

Since 1 July 2021, Residence Cards issued under the EEA Regulations 2016 have ceased to have any legal effect in the United Kingdom. Non-EEA family members of EEA nationals must now hold valid immigration permission under the UK’s domestic Immigration Rules to reside, work or access services. Although the cards themselves are invalid, they may still serve as historic evidence of residence for certain late EU Settlement Scheme (EUSS) applications or immigration appeals.

The current system is fully digital. Immigration status is verified through the Home Office’s online checking service using share codes generated by the visa holder. Employers, landlords and public bodies must rely solely on these digital records for right to work, right to rent and other compliance checks.

1. What to do if you still hold a Residence Card

If you still possess a Residence Card, you should not use it for travel, employment or proof of residence. From 1 July 2021, these cards cannot be used to:

• Prove the right to work or rent in the UK
• Access public services or benefits
• Re-enter the UK following travel abroad

Those who were resident in the UK before 31 December 2020 as family members of EEA nationals may still be able to make a late EUSS application under Appendix EU if they can show reasonable grounds for missing the deadline. The Home Office considers late applications case by case. Accepted reasons include serious illness, incapacity, coercive control, or other compelling compassionate circumstances, as set out in guidance updated August 2023.

2. Replacing a Residence Card

If you are not eligible for the EU Settlement Scheme, you must apply for valid immigration permission under the UK Immigration Rules. The appropriate route depends on your personal and family circumstances:

• Family Visa (Appendix FM): For partners, spouses or dependent children of British citizens or people with settled status.
• Skilled Worker Visa: For individuals with a job offer from a licensed UK sponsor meeting minimum salary and skill thresholds.
• Other routes: Such as the Global Talent, Health and Care Worker, or Graduate visas, depending on qualifications, occupation and purpose of stay.

Each route requires an online application, payment of fees and submission of supporting documents. It is essential to obtain valid leave before working or studying in the UK to avoid breaching immigration laws under the Immigration Act 1971.

3. Legal and compliance implications

For employers and landlords, continuing to accept Residence Cards as evidence of lawful status constitutes a breach of the Home Office’s compliance codes. The 2024 Right to Work and Right to Rent Codes of Practice confirm that only digital checks through the Home Office’s online system or Employer Checking Service are acceptable. Employers must record the date of each check and retain evidence to maintain a statutory excuse.

Since August 2023, the maximum civil penalty for employing a person without lawful status has increased to £60,000 per illegal worker under the Immigration, Asylum and Nationality Act 2006. Landlords can also face civil penalties for renting property to individuals without valid immigration permission.

For individuals, remaining in the UK without valid status risks enforcement action, administrative removal and re-entry bans. Those who continue to rely on an invalid Residence Card should seek legal advice immediately to regularise their position through an appropriate immigration route.

Section Summary: Residence Cards no longer provide any lawful basis to live or work in the UK. Holders must transition to a valid immigration route under the current Immigration Rules or make a late EU Settlement Scheme application where eligible. Employers and landlords must perform digital right to work or rent checks to remain compliant. Failure to do so can result in substantial financial penalties and enforcement action.

FAQs

Is the UK Residence Card still valid?

No. From 1 July 2021, Residence Cards issued under the EEA Regulations 2016 ceased to have any legal effect. They cannot be used to prove the right to reside, work, rent property or access public services in the United Kingdom.

Can I use a Residence Card to enter the UK after Brexit?

No. Residence Cards are no longer recognised as valid travel documents. To enter the UK, you must hold lawful immigration permission, such as pre-settled or settled status under the EU Settlement Scheme (Appendix EU), or another visa granted under the UK Immigration Rules.

What should I do if I missed the EU Settlement Scheme deadline?

If you were eligible for the EU Settlement Scheme but did not apply by 30 June 2021, you can still make a late application if you have reasonable grounds for missing the deadline. The Home Office considers such applications on a case-by-case basis under Appendix EU (paragraph EU11). Acceptable reasons include serious illness, incapacity, domestic abuse, or other compelling compassionate or practical circumstances, as outlined in the August 2023 Home Office guidance on late EUSS applications.

Can employers still accept Residence Cards for right to work checks?

No. Employers cannot rely on Residence Cards as proof of a lawful right to work. Since 1 July 2021, employers must verify immigration status using the Home Office’s online right to work checking service. They must retain evidence of each check to establish a statutory excuse under the Immigration, Asylum and Nationality Act 2006.

How do I regularise my stay if I only have an old Residence Card?

If you still hold an old Residence Card, you must obtain valid immigration permission. If you lived in the UK before 31 December 2020 as the family member of an EEA national, you should consider making a late EUSS application with supporting evidence. If you are not eligible under Appendix EU, you may need to apply under another visa category, such as a Family Visa, Skilled Worker Visa, or Health and Care Worker Visa. Legal advice is strongly recommended to determine your options and to avoid unlawful residence.

Conclusion

The Residence Card was once a cornerstone of EU free movement rights in the UK, providing non-EEA family members of EEA nationals with a convenient way to evidence their lawful residence. However, following the UK’s withdrawal from the European Union and the repeal of the EEA Regulations 2016, these cards no longer hold any legal value. From 1 July 2021, they cannot be used for travel, employment, or as proof of residence.

Today, the right to reside and work in the UK depends entirely on domestic law, principally through the Immigration Rules, including Appendix EU (the EU Settlement Scheme) and Appendix FM (family immigration routes). Individuals who previously relied on Residence Cards must ensure they hold valid immigration permission. Those who missed the EU Settlement Scheme deadline may still be able to make a late application if they can demonstrate reasonable grounds for the delay.

For employers and landlords, compliance with the Home Office’s 2024 Codes of Practice on Right to Work and Right to Rent is essential. Residence Cards can no longer be accepted as evidence of lawful status, and failure to verify immigration permission digitally may lead to significant penalties of up to £60,000 per illegal worker.

In summary: The abolition of the Residence Card symbolises the UK’s full transition from EU-based free movement rights to a wholly domestic immigration regime. Lawful residence now depends solely on compliance with the Immigration Rules and on holding valid, verifiable digital status. Individuals who still possess Residence Cards must take steps to regularise their stay or risk enforcement action under the Immigration Act 1971.

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