Non-EU spouse granted settled status while outside of the UK

[BrunoK1441]

Hi guys,

I'm currently waiting for my decision re. settled status as a non-EU spouse and am hoping someone can shed some light on my situation for me.

I'm currently living in Scotland on an Ancestry visa with a BRP (not BRC) and will be flying to Dublin and Copenhagen a handful of times over the next few weeks/months .

My concern is that I would be granted my status while outside of the UK and my current Ancestry BMP and status will become expired and I wanted to see if anyone here could shed some light re. re-entering the UK if this happens as I wouldn't have my new BRC yet.

Thanks so much!

[Richard W]

My concern is that I would be granted my status while outside of the UK and my current Ancestry BMP and status will become expired and I wanted to see if anyone here could shed some light re. re-entering the UK if this happens as I wouldn't have my new BRC yet.

If your spouse is in the UK and and you can demonstrate the possession of permanent residence (ideally via a DCPR) or status as a qualified person under the EEA regulations, then you have the right of admission. Your Australian passport should get you as far as British Immigration, where you should at least get an EEA regulations stamp.

[BrunoK1441]

My concern is that I would be granted my status while outside of the UK and my current Ancestry BMP and status will become expired and I wanted to see if anyone here could shed some light re. re-entering the UK if this happens as I wouldn't have my new BRC yet.

If your spouse is in the UK and and you can demonstrate the possession of permanent residence (ideally via a DCPR) or status as a qualified person under the EEA regulations, then you have the right of admission. Your Australian passport should get you as far as British Immigration, where you should at least get an EEA regulations stamp.

I'm really sorry but I don't understand. Do you mean I can carry and show some sort of document relating to my wife's settled status? (she is an EU citizen already with settled status in the UK)

Would it be possible to elaborate a little more on what you mean?

Thank you so much for taking the time to answer!

[Richard W]

I'm really sorry but I don't understand. Do you mean I can carry and show some sort of document relating to my wife's settled status? (she is an EU citizen already with settled status in the UK)

No, the EU settlement scheme possibly won't help if all you have is an expired visa. (It's conceivable that you might be admitted on the basis that your BRC is in the post.)

However, you may have rights under the EEA regulations. If your wife has permanent residence under the EEA regulations or is a qualified person (e.g. in work), then you have the right of entry to the UK. To do that, you will need to be able to show that she is your wife (show marriage certificate), is an EEA citizen, and has permanent residence or is a qualified person. That would be easiest to do if you fly back and she meets you at the airport. She can bring the more precious documents with her to show Immigration. You shall then be admitted with an EEA Regulations stamp.

[BrunoK1441]

I'm really sorry but I don't understand. Do you mean I can carry and show some sort of document relating to my wife's settled status? (she is an EU citizen already with settled status in the UK)

No, the EU settlement scheme possibly won't help if all you have is an expired visa. (It's conceivable that you might be admitted on the basis that your BRC is in the post.)

However, you may have rights under the EEA regulations. If your wife has permanent residence under the EEA regulations or is a qualified person (e.g. in work), then you have the right of entry to the UK. To do that, you will need to be able to show that she is your wife (show marriage certificate), is an EEA citizen, and has permanent residence or is a qualified person. That would be easiest to do if you fly back and she meets you at the airport. She can bring the more precious documents with her to show Immigration. You shall then be admitted with an EEA Regulations stamp.

Hi Richard W, thanks again for your help. Unfortunately she doesn’t have a paper/card to prove settled status from the EU settlement scheme.

As an alternative, could one ‘technically’ re-enter the U.K. through Dublin, bus to Belfast airport and fly domesticity to Scotland? (without BRP needing to be scanned/shown)

[BrunoK1441]

(I’m a non-visa national)

[Richard W]

Hi Richard W, thanks again for your help. Unfortunately she doesn’t have a paper/card to prove settled status from the EU settlement scheme.

It's not the EU settlement scheme that is sure to give you the right of entry; it is the EU rules, specifically directive 2004/38/EC.

As an alternative, could one ‘technically’ re-enter the U.K. through Dublin, bus to Belfast airport and fly domesticity to Scotland? (without BRP needing to be scanned/shown)

It may be difficult to avoid lying to an Irish Immigration Officer, which would probably be illegal. (If one is not a British citizen, it is illegal to lie to a British Immigration Officer.)

[BrunoK1441]

Hi Richard W, thanks again for your help. Unfortunately she doesn’t have a paper/card to prove settled status from the EU settlement scheme.

It's not the EU settlement scheme that is sure to give you the right of entry; it is the EU rules, specifically directive 2004/38/EC.

As an alternative, could one ‘technically’ re-enter the U.K. through Dublin, bus to Belfast airport and fly domesticity to Scotland? (without BRP needing to be scanned/shown)

It may be difficult to avoid lying to an Irish Immigration Officer, which would probably be illegal. (If one is not a British citizen, it is illegal to lie to a British Immigration Officer.)

Thanks Richard.

I guess I wouldn't be technically lying. I've landed in Ireland before for a few holidays and they usually just let me straight though. Only once I got asked to show my BRP when I said I lived in Scotland. He just glanced at it and let me through. I would still have my Ancestry BRP on me showing validity until 2021.

[Richard W]

I would still have my Ancestry BRP on me showing validity until 2021.

You said you were worried about what would happen if it expired before you got evidence of acceptance under the EU settlement scheme!