Confused: BRC or settled status

[RC0215]

Hi

I have been living and working in the UK since 5 years under an EEA family member residence card.

My husband had acquired permanent residency in the UK more than 1y ago (EEA national). We also have a baby who is dual British and French national.

Today my husband is applying for British citizenship. I am really confused if I am able to apply to a permanent residence card today given that it will be worthless in December.

Anyone knows:

1) if I am able to apply for permanent residency today and I can still apply for British citizenship in one year (although permanent residence worthless in July 2021),

2) apply directly to settled status (but maybe lose right to travel visa free to EU)

3) or do I need to apply for a permanent RC today and then apply for settled status in Jan 2021 and wait until Jan 2022 to apply for british citizenship;

4) otherwise once my husband acquires his British citizenship (should be this month) and I get my permanent residency, then I don’t need to wait for one more year to apply for British citizenship (since my husband would be british).

Any any help is very much appreciated.

Thank you

[alterhase58]

1) if I am able to apply for permanent residency today and I can still apply for British citizenship in one year (although permanent residence worthless in July 2021),

That's still possible until 31.12.2020 (end of transition period) - if your husband is a British citizen by then you can apply immediately for naturalisation.

2) apply directly to settled status (but maybe lose right to travel visa free to EU)

You could do that also and it is a simpler application - visa free travel to EU will end anyway by the end of the year.

3) or do I need to apply for a permanent RC today and then apply for settled status in Jan 2021 and wait until Jan 2022 to apply for british citizenship;

If you have PR or Settled Status and your husband is British you can apply immediately per 2).

4) otherwise once my husband acquires his British citizenship (should be this month) and I get my permanent residency, then I don’t need to wait for one more year to apply for British citizenship (since my husband would be british).

Correct. You said husband is applying "today" for naturalisation - likely it will take more than a month. And if you apply for Settled Status now you probably have it in time for your husband's becoming British (after the ceremony).

[RC0215]

Thank you very much, I really appreciate you took the time to respond.

One last thing, why do people still choose to apply for permanent residency then if it is more costly than settled status?

It just doesn’t make sense to me why anyone would still do that today knowing that in January one would need to apply to Settled status anyway.

Thank you

[alterhase58]

I thought PR application was also free these days ...
However, with PR you can choose your qualifying period, for example say it's between 2012 and 2017 then you could rely on that period (and also it would mean you've held PR already for three years and could go straight for Naturalisation). However it's a more complex application.
Settled Status is just based on the five previous years.
Can't give a recommendation what is "better" - both statusses will give you freedom from immigration restrictions, which you need for naturalisation - it's probably a question of effort required.

[kamoe]

One last thing, why do people still choose to apply for permanent residency then if it is more costly than settled status?

You get a physical document and it only costs GBP 65. Not free, but not a fortune either.
Sure, it won't teoretically be valid after Jan 2021, but at least it's immediate proof you have the acquired right.
For many people an electronic-only status (which you get if you are EEA and not their famiy member) such as the EUSS is quite a distressing matter.

[Laller]

One last thing, why do people still choose to apply for permanent residency then if it is more costly than settled status?


I've applied for permanent residency instead of settled status because you get PR automatically after lived here for 5 years. So if you are in the UK for 6+ years you can apply for citizenship straight after you receive your document.

With settled status you have to wait one more year before you can apply for citizenship.

If I was wrong, please correct me..

[kamoe]

If I was wrong, please correct me..

You are correct, that was a wise move and a valid reason.

[webbym]

It seems that BRC for EEA-PR can be exchanged for Settled Status but is it also possible to apply for EEA-PR after already having Settled Status ? The key advantage would be not having to wait additional 1 year from date of receiving settled status.

[kamoe]

is it also possible to apply for EEA-PR after already having Settled Status ?

Yes. Both routes anre independent and not mutually exclusive. As long as you qualify you can apply. Mind the timing though.

[webbym]

Cool, might have to cut it too close to deadline as already applied for EUSS before they announced the changes for Citizenship based on EUSS and some originals needed for both applications are with EUSS application processing.

Its not clear, what would happen if we were to apply in say, Dec, for EEA-PR BRC ?
Will they reject all pending applications on 31-Dec-20 ? Or issue EEA-PR BRC as long application date is before 31-Dec-20 ? Obviously it would be invalid for travel if issued after 1-Jan-21, but can be useful for Citizenship application.

[kamoe]

Its not clear, what would happen if we were to apply in say, Dec, for EEA-PR BRC ?

I don't think anyone knows this. It is not clear if you can even apply in December 2020, as there is no information regarding a potential cut-off date to apply. I imagine this will be towards the end of 2020 (I imagine somewhere between October and December 2020), but some more clarification from the Home Office would be very welcome. The cutt-off date might well be Dec 31st for all we know, but... no there is no publicly available information as far as I can tell.

Will they reject all pending applications on 31-Dec-20 ? Or issue EEA-PR BRC as long application date is before 31-Dec-20 ?

I imagine the procedure would be inline with other routes that have gone defunct: They will set up a cut off date, reject any application submitted after that date, then process any pending applications submitted before that date, regardless of the actual outcome date of the application.

Obviously it would be invalid for travel if issued after 1-Jan-21, but can be useful for Citizenship application.

Correct.