Non EU spouse with settled status, visa free travel?

[mufc69]

Hello, my wife has applied for settled status under Surinder Singh and currently waiting for the paper application to be processed. My wife’s non biometric residence card is due to expire soon but I’d like to know would she still require a visa if we travel together later in the year to Spain for holiday, even though she will have settled status?

[askmeplz82]

better to apply for schengen visa. card doesn't say EEA FAMILY MEMBER so i don't know how border police will react when they see eu settlement scheme.

[kamoe]

I’d like to know would she still require a visa if we travel together later in the year to Spain for holiday, even though she will have settled status?

I understand that the settled status does not confer the same right of visa-free travel, as the EEA biometric residence card used to, as it is not issued within EU law, and does not literally say that the holder is a family member of a EU/EEA national. See advise from the Spanish consulate in London: http://www.exteriores.gob.es/Consulados ... sport.aspx

Please note, that the UK Residence Permit must state literally that the holder is a family member of an EU/EEA National. If not, a visa is required.

[askmeplz82]

What do you think guys. It was in the news yesterday . in some countries they are not allowing to board the plane with EU settlement scheme proof

The first flaws in the new immigration scheme for EU citizens who want to remain in the UK after Brexit have been exposed after a couple who live in Oxford were blocked from getting a flight back from Turkey to the UK.

https://www.theguardian.com/uk-news/201 ... WEVk8E_PLw

[kamoe]

in some countries they are not allowing to board the plane with EU settlement scheme proof

I believe this is incorrect. Apparently, the woman traveled without any residence card, against HO advice, and was hoping to get admitted purely by virtue of her electronic status. A simple visit to this forum would have saved her the headache :S

I say "appear" as full details of exactly what happened have not been released.

[mufc69]

in some countries they are not allowing to board the plane with EU settlement scheme proof

I believe this is incorrect. Apparently, the woman traveled without any residence card, against HO advice, and was hoping to get admitted purely by virtue of her electronic status. A simple visit to this forum would have saved her the headache :S

I say "appear" as full details of exactly what happened have not been released.

surely if the lady had settled status she should have had no problem returning to the UK?? residence card or no residence card, as long as she had a visa to go to wherever she was going to ?

[kamoe]

in some countries they are not allowing to board the plane with EU settlement scheme proof

I believe this is incorrect. Apparently, the woman traveled without any residence card, against HO advice, and was hoping to get admitted purely by virtue of her electronic status. A simple visit to this forum would have saved her the headache :S

I say "appear" as full details of exactly what happened have not been released.

surely if the lady had settled status she should have had no problem returning to the UK?? residence card or no residence card, as long as she had a visa to go to wherever she was going to ?

You are mixing two things here:

1) Right to enter the UK (proven by EEA Residence Card, or Settled Status biometric card)
2) Right to enter another country (proven by appropriate visa, or alternative document that grants visa exception, e.g. EEA ResidenceCcard)

The issue here is with purely with No. 1. Since she did not present either of the two necessary documents on entry to the UK, she was not admitted at first (Immigration authorities have independent discretion of admission, regardless of what other countries' officials have done, so whether she was admitted to another country or not, is irrelevant: different countries have more or less strict/relaxed practices - BTW I was once admitted to Spain with an expired visa, because the immigration official was too lazy to check dates and/or reach the page of my passport were my valid visa was, and was satisfied with the first visa he found: the expired one, and put the stamp on that).

And to answer your question: no, having a right and proving that right are two completely separate things (as many users of this forum have learned the hard way). People are advised time and time again by the HO to obtain a physical biometric document to allow their smooth re-entry to the UK, as the electronic settled status is not proof enough of their right.

Not saying this is fair and surely not very clear for many, but travelling with a physical biometric card is official HO advice, which she appears to have ignored.

Again, this is purely speculation on our part, since the details of what exactly happened are unclear.

[Zadith14]

Hello there
I have tried numerous venues to get my answers to my query but was unsuccessful.

I would really appreciate some guidance regarding travelling to Europe with pre-settlement status.

My husband non-eu citizen has been granted 5 years of pre-settlement status on his biometric residence card.
I called UK immigration resolution numerous times and they kept saying he should travel visa free to Europe countries. However, I couldn't find any valuable information on the gov website.
He will be travelling with me (eu national with ILR). We don't want to take the risk and get told at the airport he can't board the plane with his BRC which will also be a loss of our flight tickets etc.
I am not sure if he requires the old residence card stated the family member of eu national. We will prefer this rather than applying for shengen visa everytime we require a short trip to brussels etc.
I have attached his BRC.
Looking forward to your responses