Travelling outside the UK after Brexit for people with pre-settled or settled status or eligible to apply

 

Travelling outside the UK after Brexit for people with pre-settled or settled status or eligible to apply

Border rules for EU/EEA/Swiss nationals and their family members entering the UK have changed as a result of Brexit. In this post, we cover different scenarios depending on nationality, immigration status and whether you have a Certificate of Application (COA) or have applied to the EU Settlement Scheme or not. You will learn about your rights and the documentation that you must bring with you when you travel outside the UK and have to enter back in the country. Read it to travel safely and to avoid delays at the border.

*** Please note that this information does not apply to Irish citizens.

  1. EU/EEA/Swiss citizens with pre-settled or settled Status
  2. EU/EEA/Swiss citizens with dual nationality, one of them British
  3. EU/EEA/Swiss citizens with a Certificate of Application (COA)
  4. EU/EEA/Swiss citizens who have applied for their status, but DO NOT have a Certificate of Application (COA)
  5. EU/EEA/Swiss citizens who have not applied yet
  6. Non-EEA citizens with pre-settled or settled status.
  7. Non-EEA citizens waiting for a decision
  8. Not a UK resident before 31 December 2020, but eligible to apply to EUSS as a joining family member

 

EU/EEA/SWISS NATIONALS

EU/EEA/Swiss citizens with pre-settled / settled status

Make sure that you travel with the same document that you used to apply for status. You are allowed to travel using your national ID, if this is the document that you used to apply to the EU Settlement Scheme.

If you have renewed your document recently, remember to update your details online before travelling. The Home Office (HO) can take some time to process them. If your details are not updated at the time of travel, you may face difficulties when re-entering the UK. If possible, bring copies of your expired/old document, and the confirmation email from the HO with your request. You can also use the view and prove your immigration status service. However, please note that you will travel at your own risk.

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has issued an open letter to carriers as they are concerned that some carriers are restricting travel, contrary to the published guidance, by not accepting valid national identity cards prior to boarding and/or asking for proof of status under the EUSS. You can print this letter and take it with you when travelling so if you have any problem you can show it to the airline.

The Guidance is clear that:

“Carriers are not currently required to check an EU, EEA or Swiss citizen’s immigration status, or their entitlement to travel on a national identity card, when deciding whether to bring them to the UK. They only need to check that they have a valid passport or national identity card”.

EU/EEA/Swiss with dual nationality, one of them British

Make sure that you use your British passport to enter the UK. If you use your EU passport and you tell the Border Force that you live in the UK, they will ask for your pre-settled/settled status. You may have problems entering the UK if you are unable to prove that you are British.

 

EU/EEA/Swiss citizens with a Certificate of Application (COA)

‼ Please note that a COA is not evidence that you have EUSS status or that it will be granted. Therefore, the Home Office Immigration Officers retain the right to refuse you Leave to Enter the UK, in accordance with the law. If you still decide to travel:

  • Make sure that you travel with the same document you used to apply for status.
  • Where necessary, you will be able to use the view and prove your immigration status service to evidence your pending status.
  • Travel with your COA, in case you are unable to use the above.
  • Late applicants travelling to the UK, may be required to provide evidence that they were residents in the UK before 31/12/2020.
  • It is recommended that Joining Family Members who applied from outside of the UK wait for the decision from the HO before travelling to the UK.

EU/EEA/Swiss citizens who have applied for their status, but DO NOT have a Certificate of Application (COA)

In this case it is recommended NOT TO TRAVEL and wait for the outcome of your application.

Home Office Immigration Officers retain the right to refuse you Leave to Enter the UK, in accordance with the law.

 

EU/EEA/Swiss citizen who has not applied yet

In this we advise that you do NOT TRAVEL. You must submit a late application to the EUSS if you are eligible as soon as possible and wait for a Home Office decision before trying to travel abroad.
Home Office Immigration Officers retain the right to refuse you Leave to Enter the UK, in accordance with the law.

 

NON-EEA NATIONALS

 

Non-EEA nationals with pre-settled or settled status.

You must enter the UK with your passport. If you are a visa national, you will be also asked to show a valid visa document such as: UK Biometric Residence Card, valid EUSS Family Permit, or valid EUSS Travel Permit.

 

Non-EEA nationals waiting for a decision

If you were living in UK by 31 December 2020 and applied by 30 June 2021:

  • You must enter with your passport. You may be asked for a document showing you have previously been accepted as the family member of an EEA or Swiss national (UK biometric residence card, or a valid EUSS family Permit, or a valid EEA Family Permit).
  • If you don’t have these documents, you might be asked to provide evidence of eligibility to the EU Settlement Scheme.
  • If you are a visa national, you will be also asked to show a valid visa, or visa exemption document such as UK Biometric Residence Card, or a valid EUSS Family Permit.

 If you were living in UK by 31 December 2020 but applied after 30 June 2021:

  • You must enter with your passport. You may be asked for a document showing you have previously been accepted as a family member of an EEA or a Swiss national (UK biometric residence card, or a valid EUSS family Permit, or an EEA Family Permit).
  • If you do not have any of these documents, you might be asked to show that you were living in the UK by 31 December 2020, and that you are eligible to apply to the EUSS because of your relationship to an EEA or Swiss citizen who was living in the UK by 31 December 2020.
  • If you are a visa national, you will be also asked to show a valid visa, or visa exemption document such as UK Biometric Residence Card, or a valid EUSS Family Permit.

Not a UK resident before 31 December 2020, but eligible to apply to EUSS as a joining family member

  • You will need to submit an EUSS Family Permit entry clearance application: you cannot travel to the UK until the EUSS Family Permit is issued
  • If you are issued with an EUSS Family Permit, you are permitted  to enter and leave the UK within the stated validity period of this

If you have an EU Settlement Scheme Family Permit

  • You must enter the UK with your passport. You will likely also be asked to show your EU Settlement Scheme (EUSS) Family Permit.

If you intend to apply to the EU Settlement Scheme or for an EU Settlement Scheme family permit but have not yet done so

  • You should apply to the EU Settlement Scheme or for an EU Settlement Scheme family permit from outside the UK if you are eligible as soon as possible.

If you have a document issued under The Immigration (EEA) Regulations 2016

  • You must apply to the EU Settlement Scheme if you have an EEA Permanent Residence Card or an EEA Residence Card. You must apply even if your document has not expired.

 

Sources

If you’re not from the EU, Iceland, Liechtenstein, Norway or Switzerland – GOV.UK (www.gov.uk)

https://www.gov.uk/settled-status-eu-citizens-families

t3m_TravelRightsToEnterUK_Apr2022_v9_20220425 (1)_0.pdf (the3million.org.uk)