Parents granted with Pre- and Settled Status and expiring EEA RC card

[saddleback]

Hello,

I followed a number of links posted here when answering others' questions on whether they would also get a physical card when granted pre-settled or settled status (e.g. here https://www.gov.uk/settled-status-eu-ci ... atus-means).

It says - You will get a physical document if you do not already have a biometric residence card. By analogy, I gather that the following is also correct-

You will not get a physical document if you already have a biometric residence card.

Now, my parents are on EEA RCs in UK, which expire in October 2020. My mother has also a Settled Status and my dad has a pre-settled status.

Am I wrong in assuming that whilst still on EEA legislation, my parents are within their rights to apply for a EEA RC replacement? Also, if issued, it would be (nominally) valid for 5 years (even with 31/12/2020 in mind)?

Thank you kindly to clarify this to us. Before posting here, I called EEA resolution centre twice and did not really succeed getting the answer to my question.

[kamoe]

It says - You will get a physical document if you do not already have a biometric residence card. By analogy, I gather that the following is also correct-

You will not get a physical document if you already have a biometric residence card.

Correct. Your parents will not get a physical document since they already hold a biometric residence card.

Am I wrong in assuming that whilst still on EEA legislation, my parents are within their rights to apply for a EEA RC replacement?

You are not wrong, they could technically apply for a replacement EEA RC under EEA rules, but...

Also, if issued, it would be (nominally) valid for 5 years (even with 31/12/2020 in mind)?

Here is where the caveat is. The card would NOT be valid for 5 years. I have read recent reports of people getting cards valid up until June 2021, so only about 18 months validity, not 5 years. So it does not make much sense to do this.

Thank you kindly to clarify this to us. Before posting here, I called EEA resolution centre twice and did not really succeed getting the answer to my question.

That's because the EUSS resolution centre does not deal with matters related to EEA RCs, so would not be in a position to advise on validity of new EEA RC cards. However, they should have told you that the course of action for your parents is to simply apply to covert their EEA cards into EUSS residence cards.

Link to conversion service here, link to thread on this forum with comments of people applying to this service here.

[saddleback]

It says - You will get a physical document if you do not already have a biometric residence card. By analogy, I gather that the following is also correct-

You will not get a physical document if you already have a biometric residence card.

Correct. Your parents will not get a physical document since they already hold a biometric residence card.

Am I wrong in assuming that whilst still on EEA legislation, my parents are within their rights to apply for a EEA RC replacement?

You are not wrong, they could technically apply for a replacement EEA RC under EEA rules, but...

Also, if issued, it would be (nominally) valid for 5 years (even with 31/12/2020 in mind)?

Here is where the caveat is. The card would NOT be valid for 5 years. I have read recent reports of people getting cards valid up until June 2021, so only about 18 months validity, not 5 years. So it does not make much sense to do this.

Thank you kindly to clarify this to us. Before posting here, I called EEA resolution centre twice and did not really succeed getting the answer to my question.

That's because the EU Settlement Scheme resolution centre does not deal with matters related to EEA RCs, so would not be in a position to advise on validity of new EEA RC cards. However, they should have told you that the course of action for your parents is to simply apply to covert their EEA cards into EU Settlement Scheme residence cards.

Link to conversion service here, link to thread on this forum with comments of people applying to this service here.

Thank you Kamoe!

[saddleback]

It says - You will get a physical document if you do not already have a biometric residence card. By analogy, I gather that the following is also correct-

You will not get a physical document if you already have a biometric residence card.

Correct. Your parents will not get a physical document since they already hold a biometric residence card.

Am I wrong in assuming that whilst still on EEA legislation, my parents are within their rights to apply for a EEA RC replacement?

You are not wrong, they could technically apply for a replacement EEA RC under EEA rules, but...

Also, if issued, it would be (nominally) valid for 5 years (even with 31/12/2020 in mind)?

Here is where the caveat is. The card would NOT be valid for 5 years. I have read recent reports of people getting cards valid up until June 2021, so only about 18 months validity, not 5 years. So it does not make much sense to do this.

Thank you kindly to clarify this to us. Before posting here, I called EEA resolution centre twice and did not really succeed getting the answer to my question.

That's because the EU Settlement Scheme resolution centre does not deal with matters related to EEA RCs, so would not be in a position to advise on validity of new EEA RC cards. However, they should have told you that the course of action for your parents is to simply apply to covert their EEA cards into EU Settlement Scheme residence cards.

Link to conversion service here, link to thread on this forum with comments of people applying to this service here.

I have applied on their behalf to "update or replace your BRC". The website you provided a link for above states that: "Your BRP will be sent to you by courier. You do not need to collect it.You’ll usually receive it within 7 to 10 days of getting your ‘decision letter’ from the Home Office saying that you can remain in the UK".

Together with the application we are asked to provide evidence of the address (reasonable) and consent form (GDPR hello!). It is also asking to attend biometrics appointment only after which, if read correctly, decision will be made on 'your permission to remain in UK'. This is surprising, given that my parents already have settled and pre-settled status and are technically, simply replacing one set of valid cards for another set.

Did I confuse myself somewhere?

[saddleback]

Further actions
You have chosen the standard service. You must now book and attend an appointment with our commercial partner to provide your documents and your biometrics (fingerprints and facial photograph). You can do this by logging back in to your application via the link in your confirmation email and continuing to our commercial partner's website from there.
You should receive a decision on your application within 8 weeks of submitting your on-line application. We will contact you if it will take longer to process your application.

Are these processes (1 - providing Biometrics and supporting documents; 2- 'a decision on an-online application within 8 weeks') parallel or consecutive (1 and then 2) or not?

I am also confused whether we should take documents physically to the venue where biometrics is taken or upload on the Sopra Steria website as it instructs us to do?