New EEA2 Biometrics Rules

Hi everyone,

Moved back to the UK at the end of March this year after almost 4 years away. Used my still valid EEA2 residence card on entry. About to apply for a new EEA2 residence card as the old one is finally going to expire this September. I'm reading through application and it says that I will have to supply biometric information.

My question is two fold. I already did biometric information back in July 2009 when we came to the UK the first time at some dark and dodgy place in Los Angeles so are they going to need me to do it again? Second, since the EEA 2 residence card is merely confirmation of my existing rights under European law (the card/permit is not mandatory) what is the legal basis for demanding that I give biometrics for this confirmation? In other words, since EEA nationals are treated the same as UK citizens under law, and under law, spouses of EEA nationals have the same rights as their EEA national parter, how is this legal?

You have to do biometrics for each application, so yes, you'll do it again.

It's really not a big deal.  It's just so that when you come and go from the border, they know you are who you say you are.

As for legal rights...  umm... we are basically guests in the UK (though legal, productive residents).  These are the rules they ask us to follow.  I don't find it a big deal.  Why do they make us have a driving license to prove we can operate a car?

Second, since the EEA 2 residence card is merely confirmation of my existing rights under European law (the card/permit is not mandatory) what is the legal basis for demanding that I give biometrics for this confirmation? In other words, since EEA nationals are treated the same as UK citizens under law, and under law, spouses of EEA nationals have the same rights as their EEA national parter, how is this legal?

The BRPs are an EU law that most countries signed up to. The EU wants biometric details of every immigrant in EEA countries and the UK are one of the many EEA countries that have agreed to gather this information. Even EU citizens in other EEA countries need to have a BRP now. This is EU law and UK law.

Brits don't need to give biometric details to be in their own country so it's nothing to do with you being allowed to have what Brits can have.

In actual fact, "EEA nationals are treated the same as UK citizens under law, is a myth. An EU passport does not mean you can just live in another EEA country and have everything that citizens of that country can have. The EU citizen has to be a qualified person to be allowed to reside in another EEA country  with their family, past 3 months. Even then, not every type of 'qualifed person' under treaty rights, is allowed the same things from the UK: some can't use the NHS for free of have any UK benefits, even though they are qualified person who is allowed to reside in the UK.

i.e.
your wife can only stay in they UK for 3 months on her EU passport and after that she has to be a qualified person or you and her can be deported and banned for 1 year, and the UK have been doing this since 2010.

Brits living in EEA countries can use their own NHS for free but EEA citizens and their family need comprehensive sickness insurance to pay for their NHS bills, unless the EU citizen is in work in the UK AND is a worker qualified person .

EEA citizens now have limited access to UK benefits.

Any changes the UK makes to what an EU qualified person is, and therefore affects their treaty rights to reside in the UK, also affects all exisiting EEA citizens who arrived before those changes. For many, these never ending changes the UK makes has resulted in the removal of all their UK benefits, including child related benefits and housing benefits even though they had been claiming for years, because under the changes the UK made they lost their right to reside in the UK.

Oh and if the EEA citizen is Irish and loses their job, the UK will always give Irish free NHS while they live in the UK, but no free NHS for any non-Irish family members they brought with them. The Irish and Brits have a private arrangement between countries for their own citizens.

etc

Thanks for that reply Sirius. You make some valid points and now I feel satisfied with my biometrics being taken once again.

There are couple points you make that I disagree with, but that would turn this into a different thread, so I shall refrain. :-)

You have to do biometrics for each application, so yes, you'll do it again.

It's really not a big deal.  It's just so that when you come and go from the border, they know you are who you say you are.

Why are biometrics needed to prove who I say I am, hasn't a passport been doing that for decades now? How is a passport that is non EEA less effective in proving someone's identify than a EEA one?

There are couple points you make that I disagree with, but that would turn this into a different thread, so I shall refrain. :-)

Every point I made was fact. As allowed under EU law, since 2010 the UK has steadly been changing what an EU qualified person is in the UK. Also since 2010, the UK deport and ban EEA citizens and their family it they find they don't have a right to reside in the UK. Only EU qualifed persons are allowed to reside in the UK with their family, under EU treaty rights.

From 2010, student qualified persons had no right to UK benefits anymore and they now needed a comprehensive sickness policy to pay the NHS; the same for self sufficient quaified persons but it also included all their family now needing a CSI to pay the NHS, even if the non-EU was in work.

EU workers had their status defined to,  must be in work each week and earn a set amount to be worker qualified person. While the EU citizens is in work,they have a right to reside in the UK; and can have free NHS for themselves and their family and some UK benefits after 3 months but those are getting reduced from April 2016.

Even those who tried to claim they are a self sufficient qualified person as their non-EU was working, have lost their fight in court if they didn't arrive with savings. The courts have ruled that to be a self sufficient person they had to have savings when they arrived. If they didn't have savings then they weren't a self sufficient qualified person and therefore their non EU partner had no right to work in the UK - so they can't use that money.


Some more amendments to EEA regulations in the UK came in April 2015 to Self Employed Qualified Person:which meant many EEA self employed have now lost their right to reside in the UK with their family; to free NHS for them and their family; and they have/will lose, all UK benefits including child related and housing.

The Self Employed Qualified Person route was used to get free NHS for all the family and UK benefits, even if they only made a few pounds a week from their self employment and now the UK have closed that. If they had claimed treaty rights in the UK as a Self Suffient qualified person instead, to allow their non-EU to work, the whole family would need to buy comprehensive sickness insurance and there would be no access to any UK benefits (plus they needed to arrive with savings).

The removal of free NHS from the dependants of EEA Student Qualified Persons was brought in June 2015. They too now need to buy insurance to pay their NHS bills.


Thinking that having an EU passport and then moving the family to the UK to get "the same as UK citizens" really is a myth. There is a thread on here somewhere where they too thought that, but were shocked to receive a letter telling them they had no right to reside in the UK when they applied for child related benefits. Think about it, if what you thought was true then most of the EU citiizens would have moved to the western and northern EEA countries.

Why are biometrics needed to prove who I say I am, hasn't a passport been doing that for decades now? How is a passport that is non EEA less effective in proving someone's identify than a EEA one?

The EU want your biomentric details if you want to live in the EU. It's EU law and Blair signed the UK up to in about 2002? but there was a deadline. It's also a way for the EU to keep track of those who become illegal in EEA countries or to find illegal immigrants in the EU. The UK will also use the UK BRPs for other information about you.

The UK will also use the UK BRPs for other information about you.

Such as?

Why are biometrics needed to prove who I say I am, hasn't a passport been doing that for decades now? How is a passport that is non EEA less effective in proving someone's identify than a EEA one?

Your passport (USA) does not give you the right to live in the UK.  An EU passport does (which you don't have).  Your BRP (biometrics) proves that you have the right to live in the UK, work in the UK (depending on visa type), and use the NHS (depending on visa type).  The BRP isn't proving just your identity.  Your BRP is proving your permission to be a resident in the UK.

Your passport (USA) does not give you the right to live in the UK.  An EU passport does (which you don't have).  Your BRP (biometrics) proves that you have the right to live in the UK, work in the UK (depending on visa type), and use the NHS (depending on visa type).  The BRP isn't proving just your identity.  Your BRP is proving your permission to be a resident in the UK.

I never thought nor said that my passport does. I still think that my permission is based on the actions of my EEA spouse, if she fits the criteria under European law to be in the UK, then so do I, her spouse.

I appreciate your replies, and my original query has now been answered, so I think there is no reason to go on about who is entitled to such and such. The last few replies should really be on another thread.

I never thought nor said that my passport does. I still think that my permission is based on the actions of my EEA spouse, if she fits the criteria under European law to be in the UK, then so do I, her spouse.

I appreciate your replies, and my original query has now been answered, so I think there is no reason to go on about who is entitled to such and such. The last few replies should really be on another thread.

Sorry for giving you answers to your questions...   

Sorry for giving you answers to your questions...   

You sure did, and then some. :-)

The last few replies should really be on another thread.

There are! If you had used the search engine you would have found them. Instead, people took the time to reply to all your questions and incorrect statements about what you assumed the UK had to give you.

EEA nationals are treated the same as UK citizens under law,

There is even a thread on the BRPs on here and why the the UK is having them.

Such as?

And the link on that BRP thread to what is held on the UK BRPs. 

There are. If you had used the search engine you would have found them. Instead, people took the time to reply to your questions.

There is even a thread on the BRPs on here and why the the UK is having them.

And the links to what is held on the UK BRPs.

That's my point, I think you misunderstand. There are indeed other threads that relate to those topics which is why I didn't understand why you and another user were using my question to expand on it to go into related but not relevant areas. Instead of just answering the question directly, things went off into a direction I was not prepared to travel, at least not in this question.

Anyway, in spite of departing from my original question, it was actually answered. Thank you again.

I didn't understand why you and another user were using my question to expand on it to go into related but not relevant areas.

You made a statement in your opening post
"EEA nationals are treated the same as UK citizens under law,"


and I corrected it and then explained why you what had stated was just a myth.

Go in believing it if it makes you feel happy.