Non-EU on UKRC after Brexit

Roedd y cais yn llwyddiannus.

Dear Home Office,

I would like to know what will happen to non-EU citizens who are living in the UK with their British citizens having exercised treaty rights in another EU country prior to moving back to the UK.

My understanding is that non-EUs have been excluded from the joint agreement and only the rights of EU citizens have been protected under the agreement and will be able to apply for settled status.

Does this mean that non-EU citizens already here under EU regulations in possession of a UK Residence Card, will lose their right to remain in the country or will they be expected to apply under UK domestic law? If they apply under UK domestic law, can this be done in the UK and will their time to Permanent Residence/Indefinite Leave to Remain start from when the UK visa is issues or will it count from their entry to the UK?

Yours faithfully,


FOI Requests, Home Office

Dear Britgyp

Please be aware that we have decided to handle your correspondence of 09 February outside the provisions of the Freedom of Information Act. This is because it does not meet the criteria for a Freedom of Information request, as it does not ask for recorded information.

Below is a link to the ICO guidance for the criteria for valid requests under the Act:

We will provide an answer to your query, but it will be answer outside of the provisions of the Act.  You should expect to receive a response in due course.

Thank you,

J. Sisulu
FOI Requests
Home Office

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Public Enquiries (CD), Home Office

1 Atodiad

Thank you for your e-mail enquiry.


A reply is attached.


Public Enquiries

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