Article 10 Residence Cards no longer valid from 1 January 2021

Our firm often receives enquires from non-EEA national family members of EEA nationals regarding using an Article 10 Residence Card to enter the UK with or to join their sponsor. The Brexit transition period comes to an end in less than 1 month, and therefore the immigration laws for EEA nationals and their family members will change, in line with the immigration rules for all other migrants. Therefore, Article 10 Residence Cards will no longer be valid from 1 January 2021 and Applicants should consider all their options both now and after the transition period if they wish to come to the UK. Our Immigration Solicitors in London specialise in applications from EEA nationals and their family members and are aware of all the new changes to the rules for these Applicants. Therefore, if you have any queries regarding coming to or remaining in the UK as an EEA national or their non-EEA family member, then please contact our specialist immigration team to arrange an urgent consultation with us.

What is an Article 10 Residence Card?

An Article 10 Residence Card is issued under EU law by EEA Member States. They are for the non-EEA family members of EEA nationals who are exercising their free movement rights in another Member State of which they are not a national of. Prior to Brexit and until the end of the transition period on 31 December 2020, this also allows entry from eligible Applicants to the UK. Under current domestic UK legislation, Article 10 Residence Cards are referred to as a Family Permit. It is a temporary visa which allows non-EEA family members entry to the UK for a period of up to 6 months. For those who wish to remain in the UK past the validity of their family permit must apply for a residence card or pre-settled status. EEA Residence Cards will no longer be valid after 31 December 2020 and therefore an application under the EU Settlement Scheme should be made by 30 June 2021.

Can I use my Article 10 Residence Card to enter the UK from 1 January 2021?

No, as 31 December 2020 marks the end of the Brexit transition period, the current provisions for EEA nationals and their family members will come to an end. Therefore, from 1 January 2021, Applicants still intending to enter the UK will need a valid national passport, together with one of the following:

  • an EU Settlement Scheme family permit;
  • a UK-issued EEA family permit;
  • a UK-issued biometric residence card.

Non-EEA family members will not be able to enter the UK without the above.

What is the EU Settlement Scheme?

The EU Settlement Scheme was introduced in order to transition from the EEA Regulations to the UK’s new immigration system which will include EEA nationals within the rules currently just for non-EEA migrants. Applicants who successfully apply under the EU Settlement Scheme will either be granted Settled Status or Pre-Settled Status. Settled Status is for those who have been lawfully and continuously resident in the UK for 5 years (equivalent to EEA Permanent Residence and Indefinite Leave to Remain). Successful Settled Status Applicants will be free of immigration restrictions. Pre-Settled Status is for those who have been present in the UK for less than 5 years, but who intend to make the UK their home (equivalent to an EEA Residence Card). Once the migrant has then been present in the UK for 5 years they can switch to Settled Status. All applications under the EU Settlement Scheme are free.  

How our immigration solicitors can help with application from EEA nationals and their family members

Our immigration solicitors in London specialise in applications from EEA nationals and their family members and prepare applications to the highest standard. We have an impeccable track history of submitting successful applications under the EEA Regulations and EU Settlement Scheme for both EEA nationals and their non-EEA family members. The key to submitting successful applications is being aware of the relevant rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application including uploading supporting documents and scheduling the biometric appointment.

Using our Immigration Solicitors in London to apply for an Article 10 Residence Card

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application to the UK.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully apply for an Article 10 Residence Card with our Immigration Solicitors in London

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Article 10 Residence Card application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your application to the UK and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02071830570 or complete our contact form.

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