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Returning to UK without Residence Card

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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AliceIW
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Posts: 14
Joined: Tue Nov 16, 2010 10:55 am

Returning to UK without Residence Card

Post by AliceIW » Thu Jun 02, 2016 2:04 pm

I am a national of Kazakhstan, currently residing in the UK. For the past 5 years I have been a holder of the UK Permanent Residence card with no restrictions on my activity in the United Kingdom. I have received this permit on the basis of being married to a Spanish national.

I am planning to visit my family in Kazakhstan soon. It has recently come to my attention that the format of my Kazakh passport is obsolete, and although it has not expired, it will be confiscated and most likely destroyed by Kazakh immigration officers as soon as I enter Kazakhstan, due to some recent changes in local legislation. The fact that I have a valid UK residence documentation attached to it will not affect this outcome.

I have contacted the Embassy of Kazakhstan in London, but, unfortunately, getting a new passport before my trip is not possible. My only option is to enter Kazakhstan, have my passport confiscated and apply for a new version while still in Kazakhstan. The new passport, however, will not have the UK residence card attached, which makes travelling back to the UK a bit of a problem.

Although the HO website explains what steps to take if a bio-metric residence card (which, I understand, is a separate document) is lost/stolen abroad. It does not, however, mention anything about situations with a residence card like mine, which is permanently attached to the actual passport and confiscated along with the passport. I would greatly appreciate some pointers where to look for some more information.

Thank you!

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
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Re: Returning to UK without Residence Card

Post by Obie » Thu Jun 02, 2016 9:56 pm

The Option available to you is to apply for a Replacement Residence Card in biometric, or go to your Home Country and apply for an EEA family Permit as a Person with a Right or residence.
Smooth seas do not make skilful sailors

AliceIW
Newly Registered
Posts: 14
Joined: Tue Nov 16, 2010 10:55 am

Re: Returning to UK without Residence Card

Post by AliceIW » Fri Jun 03, 2016 9:28 am

Obie wrote:The Option available to you is to apply for a Replacement Residence Card in biometric, or go to your Home Country and apply for an EEA family Permit as a Person with a Right or residence.
I will see if a replacement BRP is something I could arrange before the travel, as this would save a lot of headache. Thanks a lot for your help!

AliceIW
Newly Registered
Posts: 14
Joined: Tue Nov 16, 2010 10:55 am

Re: Returning to UK without Residence Card

Post by AliceIW » Fri Jun 03, 2016 9:47 am

I have also been trying to find some more information on the rights (or absence of such) of non-UK immigration services to seize a valid UK residence document. I would be thankful if anyone could suggest a piece of legislation (international?) I could look for.

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