Non- EEA national residency card under EUSS scheme

[Gauri20]

I am a non-eea citizen looking to join a EU national in the UK who is on pre settled status. Can I switch to EUSS while I am travelling to UK on a tourist visa or do I need to apply for EUSS family permit?

[Gauri20]

I understanding that once non-eea national gets a family permit, they need to travel to the UK within 6 month and apply for 5years residency card whilst in the UK. Non EEA nationals do not get pre-settled letter with reference number (as given to most EU citizens residing in the UK) within 48hrs. Please confirm if my understanding is correct? Kindly, help clarify below:

- What is the exact guidance/ process for obtaining the residency card and can we find out how long is the wait period for Non-EEA nationals to get a residency card ?
- Is a same day service available for obtaining residency card under this visa category?
- Would the applicant be required to attend a biometrics in the UK?
- Would the applicant's passport have to be submitted to UKBA while she awaits the residency card or can they travel abroad while residency card is being processed?

I am struggling to find above details and your help would be hugely appreciated

Thanks

[kinsha01]

Hi

- What I know is Non-EEA national can apply for residence card from inside the UK. But, I believe to apply for residence card deadline was 31st december. Correct me if I am wrong. ?
-I dont think so you have same day delievery for residence card. You can apply using EEA-FM(family member) form and send it by post.
-After post,UKVI will send letter for biometrics.
- You have to send sponsor and applicant passport with the application. Then I believe she cannot travel.

This is the what I know. Please correct me if I am wrong.

Please add more information if anyone knows.

Thanks

[kamoe]

Can I switch to EUSS while I am travelling to UK on a tourist visa

A tourist visa is not supposed to be used to immigrate. So the danger of doing this is to appear having lied when stating your intention was to visit, not to immigrate. It depends on how long ago the visa was issued and whether it has already been used to genuinely visit the UK in the past and leave after the visit. If it has not been used before then big no, no.

or do I need to apply for EUSS family permit?

Applying for EUSS family permit is the correct thing to do. Unless there are reasons beyond your control preventing you to apply for a EUSS family permit, better not to cut corners.

[kamoe]

I understanding that once non-eea national gets a family permit, they need to travel to the UK within 6 month and apply for 5years residency card whilst in the UK.

A Family Permit is valid for 6 months, so a Family Permit holder should time their travel to the UK accordingly.
A Family Permit is also supposed to be an entry document, not a long-term visa, therefore a Family Permit holder should time their application of a relevant permit or visa accordingly, and as soon as possible after arriving in the UK.

Non EEA nationals do not get pre-settled letter with reference number (as given to most EU citizens residing in the UK) within 48hrs. Please confirm if my understanding is correct?

All applicants receive two things via email:

1. Application submission confirmation, immediately after submitting the application.
2. Outcome letter, when a decision on the application has been reached.

Now, every case is different. In the past, EU nationals have been known to receive the outcome letter within 48 hours, but this does not mean non-EU nationals will necessarily wait substantially longer than that to receive it. Some cases are straightforward, some are not. It can be 48 hours, it can be a week, it can be several months.

- What is the exact guidance/ process for obtaining the residency card

You are asking the wrong question.

It is not "how to apply for a EUSS residence card", it is "how to apply for the EU Settlement Scheme". Depending on how the applicant applied they will be issued, or not, a new EUSS biometric card:

• If the applicant applied via the app using a UK-issued biometric card, then they will NOT be issued a new biometric card.

• If the applicant applied via other method (online+post), then they will be issued a new biometric card.

Link with all info to apply for the EU Settlement Scheme here.

and can we find out how long is the wait period for Non-EEA nationals to get a residency card ?

Latest timelines are discussed here.

- Is a same day service available for obtaining residency card under this visa category?

No.

- Would the applicant be required to attend a biometrics in the UK?

A biometric appointment is required for the issuing of a biometric card.

Therefore, if the applicant has not applied through the app using an existing, valid, UK biometric card, then yes, they will be required to attend a biometric appointment.

Applying for a EUSS biometric card con only be done within the UK; so the biometrics appointment needs to be done in the UK.

- Would the applicant's passport have to be submitted to UKBA while she awaits the residency card or can they travel abroad while residency card is being processed?

It is necessary to present passports on application submission, but I understand it is not necessary to send them. I understand these can be scanned/verified at some point of the process.

Now... there is a global pandemic going on. It has already caused nearly 2 million deaths worldwide, and the closure of national borders on several occasions. It baffles me how many people are still considering international travel as if these were not exceptional times

[kamoe]

Hi

- What I know is Non-EEA national can apply for residence card from inside the UK. But, I believe to apply for residence card deadline was 31st december. Correct me if I am wrong. ?
-I dont think so you have same day delievery for residence card. You can apply using EEA-FM(family member) form and send it by post.
-After post,UKVI will send letter for biometrics.
- You have to send sponsor and applicant passport with the application. Then I believe she cannot travel.

This is the what I know. Please correct me if I am wrong.

Please add more information if anyone knows.

Thanks

All of the above refers to the now defunct EEA Residence Card application process.
The OP is asking about the EUSS residence card application, so this answer does NOT apply.

[kamoe]

Also, to the OP: The way you formulate the questions above (applying on a visitor visa, using same-day service, biometrics outside the UK, travel abroad after issuing of card) leads me to think that the applicant is trying to apply and obtain a EUSS card with as little UK residence as possible, then leaving the UK.

Why is this and what exactly are you trying to achieve?

[Zerubbabel]

Also, to the OP: The way you formulate the questions above (applying on a visitor visa, using same-day service, biometrics outside the UK, travel abroad after issuing of card) leads me to think that the applicant is trying to apply and obtain a EUSS card with as little UK residence as possible, then leaving the UK.

Why is this and what exactly are you trying to achieve?

When I talk to people around me, I realised that many have done just that. Something just a hotel booking and a boarding card are enough to get a pre-settlement card valid 5 years. I think the Home Office are conscious about it and it's somewhat an accepted practice.

[kamoe]

When I talk to people around me, I realised that many have done just that. Something just a hotel booking and a boarding card are enough to get a pre-settlement card valid 5 years. I think the Home Office are conscious about it and it's somewhat an accepted practice.

My thoughts exactly. What I am trying to make clear to the OP, and really anyone doing a similar thing is, while you can in theory obtain a EUSS Residence card with next-to-nothing past residence in the UK, this will:

1. NOT be automatic. You can be waiting for months until the electronic status and actual card are issued.
2. NOT be a permanent permit. Only pre-Settled status can be obtained with these minimal requirements.
3. NOT guarantee access to Settled Status. If the intentions are to obtain card, then immediately leave the UK, people should be aware that:

• Their clock towards 5 year continuous residence for Settled Status will be reset after 6 months of absence.

• Pre-Settled status will be lost altogether after 2 years of absence.

[Lily1891]

Also, to the OP: The way you formulate the questions above (applying on a visitor visa, using same-day service, biometrics outside the UK, travel abroad after issuing of card) leads me to think that the applicant is trying to apply and obtain a EUSS card with as little UK residence as possible, then leaving the UK.

Why is this and what exactly are you trying to achieve?

When I talk to people around me, I realised that many have done just that. Something just a hotel booking and a boarding card are enough to get a pre-settlement card valid 5 years. I think the Home Office are conscious about it and it's somewhat an accepted practice.

@Zerubabel, kindly enlighten me on this application. I arrived the UK on 28th December 2020, with the intention of applying for pre-settled status under the EUSS, as my 17 years old son is an Irish Citizen.

I have requested for the paper application form, but haven't received it.

I am still in a hotel and house hunting, which is challenging, as I am in visitor visa. Can I apply for the non-EEA residency card?

[kamoe]

@Zerubabel, kindly enlighten me on this application. I arrived the UK on 28th December 2020, with the intention of applying for pre-settled status under the EUSS, as my 17 years old son is an Irish Citizen.

I have requested for the paper application form, but haven't received it.

I am still in a hotel and house hunting, which is challenging, as I am in visitor visa. Can I apply for the non-EEA residency card?

Stop posting your questions into un-related posts. It is in your best interest to post your question in a separate post, with an appropriate subject. If you do not do this, your question is not visible to those who might have the answers you need.

I have re-posted your question separately here, as you should have done.