Wesley Gryk Solicitors LLP

Specialists in UK immigration and nationality law

Call 020 7401 6887
contact@gryklaw.com

  • Home
  • Our work
    • Adoption, Surrogacy, and Children
    • Asylum
    • British Citizenship
    • Challenging Home Office Decisions
    • Couples & Families
    • Europeans
    • Global Talent
    • Private Life
    • Settlement (Indefinite Leave)
    • Sponsored Work
    • Students
    • Visitors
    • Other Categories
  • Our team
  • Our fees
  • News and updates
  • Contact us
    • Map and directions
    • Make an enquiry
    • Complaints
    • Vacancies

Biometric Residence Cards and Third Country Nationals

Avatar photo

12th March 2021 By Ciera McCartney

When applying to the European Settlement Scheme from within the UK, most third country nationals (i.e., non-Europeans) will already hold a Biometric Residence Card issued to them because of their right to reside in the United Kingdom under European law. This document proving their status, the Biometric Residence Card, will have been issued under the EEA Regulations.

Third country nationals who have not previously held a Biometric Residence Card issued under the EEA Regulations will be invited to attend an appointment to provide their biometric data with the Home Office provider Sopra Steria. If the application for pre-settled or settled status is granted, the individual will be issued with a Biometric Residence Card under the European Settlement Scheme.

However, those third country nationals who apply to the European Settlement Scheme and already hold a valid Biometric Residence Card issued under the EEA Regulations are currently not issued with an updated Biometric Residence Card.

For example, a third country national who submits an application with two weeks left until their card issued under the EEA Regulations expires will not receive a new Biometric Residence Card under the European Settlement Scheme. The Home Office has confirmed this is because their card is still valid at the time the application was made. They have also confirmed this is the case even if the EEA card has expired by the date of the decision. An individual in this scenario will therefore also not be issued with a new card automatically under the European Settlement Scheme.

While third country nationals have their status recorded digitally on the European Settlement Scheme online portal accessible through Gov.UK, if they do wish to obtain another Biometric Residence Card to reflect their new immigration status, they must make a further application and re-submit their biometric data. Third country nationals are likely to need to do this in practice, given that their status is not linked to their passport, as is the case for European nationals.

Yet unfortunately the decision letter currently sent to applicants who have successfully obtained status is silent on this point and gives no guidance or a link to the appropriate page on the Home Office website where one can apply to update their Biometric Residence Card under the EU Settlement Scheme.

This lack of clarity raises practical issues. While we understand the Home Office plans to move the immigration status of all migrants to a digital only status, this has not yet happened, meaning third country nationals still need to evidence their status to carriers and border staff through a Biometric Residence Card when returning to the United Kingdom from abroad. Unaware that this is the case, we have heard reports of confusion by airline staff and border personnel, difficulty at the border and in several cases people left stranded outside the UK.

Third country nationals granted status under the European Settlement Scheme therefore do require a valid biometric card reflecting their current immigration status. Yet, if they fall into one of the scenarios outlined above, the process to update to a new card is unclear, costly (there is a Home Office fee of £75.20) and lengthy (the Home Office state these applications can take up to six months to be decided).

Instead, we believe all third country nationals should be given Biometric Residence Cards automatically up until the point that the Home Office can rely on digital immigration statuses for all migrants. These cards should be issued at the time the applicant is granted their new status, solving the practical difficulties faced by those third country nationals already holding at the date of application a valid Biometric Residence Card issued under the EEA Regulations.

If you require immigration advice in relation to the issues above, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com

Filed Under: Brexit, EU, News and Updates


The Legal 500 – The Clients Guide to Law Firms
Wesley Gryk Solicitors LLP
Listed as one of The Times’ Best Law Firms 2022

Wesley Gryk LLP Follow

A specialist private immigration practice. Band 1 rated by Chambers and Partners and Legal500

WesleyGrykLLP
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
26 Jan

In December 2022, the High Court ruled that the way the government is implementing the EU Settlement Scheme is unlawful.

Our Beatrice Windsor (@bearosewindsor) explains the judgement: https://www.gryklaw.com/high-court-rules-that-potential-loss-of-rights-for-those-with-pre-settled-status-under-euss-is-unlawful/

Reply on Twitter 1618634056031404032 Retweet on Twitter 1618634056031404032 1 Like on Twitter 1618634056031404032 3 Twitter 1618634056031404032
Retweet on Twitter Wesley Gryk LLP Retweeted
rainbowmigrants Rainbow Migration @rainbowmigrants ·
24 Jan

Our monthly partnership session went really well! Thank you so much to pro bono lawyers Karma Hickman
@BindmansLLP and Barry O'Leary @WesleyGrykLLP for their free advice to our #LGBTQ service users.🏳️‍🌈

Reply on Twitter 1617876748728782848 Retweet on Twitter 1617876748728782848 1 Like on Twitter 1617876748728782848 1 Twitter 1617876748728782848
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
12 Jan

At the end of last year, the High Court ruled that the Home Office's plan to remove some asylum seekers to Rwanda was lawful. Our Elena Musa explains the judgment: https://www.gryklaw.com/high-court-rules-that-rwanda-plan-is-lawful/

Reply on Twitter 1613546026840870913 Retweet on Twitter 1613546026840870913 Like on Twitter 1613546026840870913 Twitter 1613546026840870913
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
13 Dec

Tech Nation, one of the Global Talent endorsing bodies, has recently published a report about Global Talent visas.

Our Alison Hunter explains what this report says, assesses the likely impact on Global Talent applications and summarises the process: https://www.gryklaw.com/global-talent-in-the-uk/

Reply on Twitter 1602725170073976834 Retweet on Twitter 1602725170073976834 Like on Twitter 1602725170073976834 Twitter 1602725170073976834
wesleygrykllp Wesley Gryk LLP @wesleygrykllp ·
6 Dec

Moud Goba (@MsMGoba) has been named in the #BBC100Women 2022 list. Congratulations!
Thoroughly deserved recognition of her work with @MicroRainbow

BBC 100 Women @BBC100women

🚨 The #BBC100Women 2022 list is out 🚨

It features inspiring and influential women from all around the world.

http://bbc.in/3VAGomy

Reply on Twitter 1600085636920262657 Retweet on Twitter 1600085636920262657 1 Like on Twitter 1600085636920262657 8 Twitter 1600085636920262657
Load More
Wesley Gryk Solicitors LLP
140 Lower Marsh, London SE1 7AE
Tel 020 7401 6887
Email contact@gryklaw.com

Privacy Policy | Cookie Policy

Wesley Gryk Solicitors LLP is a limited liability partnership registered in England and Wales with number OC317684. Our registered office is at 140 Lower Marsh, London, SE1 7AE. We are authorised and regulated by the Solicitors Regulation Authority with SRA ID 446311.

Copyright © 2023 · Wesley Gryk Solicitors LLP · Website by Culpepper & Co · Photography by Sarah Booker

.