I've EU settled Status .. Can i apply for EEA RC ?

[askmeplz82]

I've Settled Status under EU Settlement , I am wondering if i can apply for EU residence Card as well which will allow me VISA free travel to Europe .

I Got EU Settled Status based on my past relationship with my Ex wife but now i'm in Durable relationship with another EU citizen. Living under same roof in the UK since 2015 and i've been to her country many times to see her family. Our relationship Genuine

Only reason i would like to apply for UK RC is it will allow me VISA FREE entry to europe whenever i want with my girlfriend. I'm not interested in UK CItizenship yet

[alterhase58]

"Settled Status" is under UK Immigration Rules, it doesn't entitle you to an RC under EU Regulations, unless I'm missing something, as you show you have that already.

[askmeplz82]

I just realised it won't help me. Home office won't issue another RC even if i apply under EEA 2016 law because i already have one RC under EU settlement

[kamoe]

Home office won't issue another RC even if i apply under EEA 2016 law because i already have one RC under EU settlement

Where do you get this information from?

As far as I am aware both routes are not mutually exclusive and nothing stops you from applying to both. But if you do have conclusive information on the contrary, then please share any authoritative source. Thanks.

[askmeplz82]

If you have a VALID EEA RC .. you don't get another Residence Card under EU Settlement it's online only

[kamoe]

If you have a VALID EEA RC .. you don't get another Residence Card under EU Settlement it's online only

That's not the same as what you are concluding above.

It is of common knowledge that if you already have a valid EEA BRC you won't get a physical EU Settlement BRC.
But your case is in the other direction: You say you have a valid EU Settlement BRC and you want a EEA BRC.

I'm not saying you will get another BRC if you apply under the EEA route. I'm saying, you are too quick to conclude things, as the information available doesn't really tell us if the restriction in the other direction also applies.

I suppose there is only one way to know.

[kamoe]

Hang on a second: What was your status and what form of residence document you had between 2015 and 2019, just before your EU Settled Status was confirmed?

[askmeplz82]

Hang on a second: What was your status and what form of residence document you had between 2015 and 2019, just before your EU Settled Status was confirmed?

Nothing .... my EEA RC EXPIRED in 2015 by that time i am already separated from my ex wife. and ex wife didn't want to help me so i didn't apply for RETAINED RIGHT / PR ...

I was waiting for her to go back to work but she didn't for many years and then I applied under EU settlement because they don't ask for any Original Documents

[kamoe]

I was waiting for her to go back to work but she didn't for many years and then I applied under EU settlement because they don't ask for any Original Documents

And following that application, do you currently have a valid EU Settlement BRC?

[askmeplz82]

I was waiting for her to go back to work but she didn't for many years and then I applied under EU settlement because they don't ask for any Original Documents

And following that application, do you currently have a valid EU Settlement BRC?

Yes I do have ILR / Settled Status valid for 10 years until 2029

[kamoe]

I was waiting for her to go back to work but she didn't for many years and then I applied under EU settlement because they don't ask for any Original Documents

And following that application, do you currently have a valid EU Settlement BRC?

Yes I do have ILR / Settled Status since

That's not what I asked. Where you issued a BRC / a physical card?

[askmeplz82]

I was waiting for her to go back to work but she didn't for many years and then I applied under EU settlement because they don't ask for any Original Documents

And following that application, do you currently have a valid EU Settlement BRC?

Yes I do have ILR / Settled Status since

That's not what I asked. Where you issued a BRC / a physical card?

Yes of course .. I don't have any other Card so they have to issue me one . It says in the card Valid till 2029

[kamoe]

Yes of course .. I don't have any other Card so they have to issue me one . It says in the card Valid till 2029

OK, thanks for clarifying. That's important.

As @alterhase58 said, you are not automatically entitled to a EEA RC, since EU Settlement Scheme and EEA route are completely independent, so if you are asking if you can somehow "convert" your current EU Settlement card into a EEA RC, then the answer is: No.

BUT... as I said, nothing is stopping you from applying from scratch to the EEA RC. Having already a EU Settlement card doesn't mean you are disqualified from the EEA route. Again, the notice you refer to only specifies the other direction:

EEA RC -> EU Settlement : No furhter card will be issued.
EU Settlement -> EEA RC: Is not the same thing, so the above restriction does not necessarily apply.

Now... I just realize that you did not apply to the EEA RC back in the day because you did not have the required documentation from your ex wife. If that is still the case, then it's pointless to apply now as you will get refused.

BUT... If your circumstances have changed, and you can gather the required documentation to apply for a brand new EEA RC, from scratch, either on the basis of your past relationship as retained rights of residence, or on your current relationship as an unmarried partner, then nothing is stopping you from trying.

One difficulty, though, with trying for a EEA RC as unmarried partner on the basis of your current relationship might be that you need to show valid residence documentation while you were living with your current partner for a minimum of two years, so 2017-2019, which you probably don't have as per your description. Also, if you were still legally married to your ex-wife during that time, that might invalidate your claim to be a durable partner during that time.

[askmeplz82]

if you were still legally married to your ex-wife during that time, that might invalidate your claim to be a durable partner during that time.

Yes Still legally married with my Ex ... Why i didn't think of that before. You are right it will be difficult .. i will have to forget about this then.. THANKS A LOT