How do I prove my status as an EU, EEA and Swiss national?

All EU citizens and their family members are required to apply to the EU Settlement Scheme, which is certainly not or at least should not be new news. However, the question which now arises is how individuals prove their legal status, especially in the absence of residence documentation, which was previously issued under the EU regulations.

It is paramount that individuals are able to prove and have access to their status in order to evidence the right to employment in the UK, health care and access to general UK services.

Email/Letter of grant

Successful applicants are emailed the outcome of their application and confirmation of their grant of settled or pre-settled status. However, this is not accepted legal evidence to prove status. Despite this, it is advised that individuals always ensure that they safeguard the letter, as it contains vital details and the unique application reference number essential for linking to their Home Office records.

Where you can access your status

The Home Office is moving towards a digital approach, which is not surprising given the shift from paper based applications to online. 

When making an application to the EUSS Scheme, applicants are required to provide their personal details and create an online account where they can access their details and formalize their status.

Individuals then use the same log in details and information to view their status (also known as an eVisa) using the following link:

https://www.gov.uk/view-prove-immigration-status 

You will be required to produce the same details used for the initial application such as passport number etc.

You will also require access to the same contact number or email used for the initial application as an access code will be sent to that number of email unless this has been changed by the applicant on the Home Office system (details below).

Circumstances where individuals cannot create their UKVI account

In such circumstances, BRP and BRC documentation will still be valid proof of legal residence, as long as the documentation has not expired. Alternatively, individuals can also prove their right to employment via the following link:

https://www.gov.uk/prove-right-to-work 

The Home Office is currently working on digitally proving such cases and further guidance will be released in due course.

How to prove your status when traveling

Border control will still carry out the relevant enquiries and individuals must respond to their questions accordingly. The passport/ID card used for the EUSS application will also be linked to the online service. This means that border control can confirm the status and details digitally. 

Therefore, it is vital that all information is constantly updated online and this can be done via the following link:

https://www.gov.uk/update-uk-visas-immigration-account-details 

Use of ID cards

Post 1 October 2021 individuals will not be able to rely on ID cards to evidence their identity when entering the UK. They must travel with a passport. However, this does not apply to the following individuals until 31 December 2025, as long as their ID card is registered to the online account and valid:

  • EU, EEA and Swiss nationals whose rights are safeguarded by the Withdrawal  Agreement
  • Individuals who hold status under the EU Settlement Scheme
  • Frontier workers
  • S2 Healthcare Visitors
  • Swiss national Service Providers

This sector is ever evolving and it is very important that individuals who are affected by the above are regularly seeking updates, as the Home Office are releasing guidance on a frequent basis.

If you require any assistance with the above or any other immigration matter, please do not hesitate to contact the immigration team at Drummond Miller LLP.