Travelling to India In February with Residency card (Family Member EU Residence)

[darkpunk]

Hello,

Hope you guys can give some advise on this topic.

I am a Indian Nation currently living in the UK for the last 2 years and have a 5 year Pink Biometric Residency Card (Family Member EU Residence) that was issued to me when I first came in this country. I will be travelling with my spouse (EU national with Settled Status) to India in February 2021 fro 3 weeks. I had also applied for the settlement scheme when it first launched and was granted pre-settled status. I will be travelling with my passport, The Pink Biometric Residency Card that was issued to me when I first came in the UK which is valid for another 3 years and a copy of the pre-settled status confirmation letter.

Please will there any restrictions that I am currently not aware of or any other documents that I might need to take with me and will be required at the time of my return to the UK.

Any replies will be highly helpful.

Thanks a lot in advance.

[seekingadvice87]

you have everything to show on return so you fine. You have your card to show on return from india no problem

[kamoe]

you have everything to show on return so you fine. You have your card to show on return from india no problem

This might or might not be accurate.

If you have paid attention to the last month or so of posts related to EEA BRCs here, you will know we have not collectively been able to confirm wether some EEA RCs will still be accepted on entry into the UK after January 1st 2021.

The advantage for the OP is that their travel is in February, so there will be at least a month for them to see what the pragmatic, first-hand experience is like of people who attempt to enter the UK on EEA RC after January 31st.

[seekingadvice87]

you have everything to show on return so you fine. You have your card to show on return from india no problem

This might or might not be accurate.

If you have paid attention to the last month or so of posts related to EEA BRCs here, you will know we have not collectively been able to confirm wether some EEA RCs will still be accepted on entry into the UK after January 1st 2021.

The advantage for the OP is that their travel is in February, so there will be at least a month for them to see what the pragmatic, first-hand experience is like of people who attempt to enter the UK on EEA RC after January 31st.

she has uk residence card and pre settled status and cannot have problem returning to uk as she done everything uk asked including new pre settled status. uk government website state no new card to be sent if applicant already has residence card. i guess applicant can request new card if they want but if government said no need then they can't not allow traveller back

[kamoe]

she has uk residence card and pre settled status and cannot have problem returning to uk as she done everything uk asked including new pre settled status.

Of course this is what we all hope. I honestly believe the UK government is not intentionally planing to setting people up for failure. But, the road to hell is paved with good intentions.

The devil is in the detail, and sadly, seems like no one in the Home Office making sure that their communications are clear and unambiguous, and actually paying attention to the messages they are delivering.

This is but one of a number of examples of communication blunders from the Home Office related to the EU Settlement Scheme, specially in what concerns the non-EU family members of EU citizens, and sadly there has not been an official clarification on this point.

uk government website state no new card to be sent if applicant already has residence card.

The UK government website also says EEA RCs cards will become invalid after December 31st 2020. It's there, black on white.

It would be really easy to clarify that this expiration will only happen if and only if the card holder has not applied to the Settlement Scheme. Why has this text not been updated???

if government said no need then they can't not allow traveller back

Sadly to break the news but... they have. That is the bottomline of the Windrush scandal, and why it is so relevant.

For decades the UK government failed to address the situation of Windrush British citizens, or provide any guidance on any steps they needed to take. Then:

• They deported Windrush citizens who had not secured documents, which were never advised in the first place.

• They also denied Windrush citizens who left, entry back into the UK without any warning of any potential problems on their way back.

And we are talking about British citizens here, not non-EU citizens with recent residence status. None of this seems to have been intentional.

All the above being said, I think your reasoning is rational and leans in the right direction. It seems logical to interpret all the available information in the way you explain. However, unless an official clarification is given regarding the quintessential contradiction of validity of EEA RCs after December 31st, that really is just that, an interpretation.

If anyone believes and feels confident that they will face no issues coming back into the UK on a EEA RC after December 31st 2020, no one here has the authority to advise the contrary.

But if anyone is unsure, then they have all the right to write to their MPs, and kindly ask them, as constituent, to please have the Home Office clarify whether (some?) EEA RCs can be used to come back into the UK after December 31st 2020. It is a simple question that should have a straightforward answer. The more people do this, the quickest we will get an answer.

[darkpunk]

Hello,

Thank you for your honest answers in regards to my topic. I am still trying to find light for this topic and will update here once I have a stable answer to this question of mine.

[moki28]

Hello,

I'm in a similar situation (non-EEA national - Indian - married to an Irish national) and wrote to UKVI to ask if my BRC will be valid for travel post Dec 31, 2020. I received this response:

"We can see you have applied for Pre-Settled Status using your biometric residence card (BRC) which is valid until 04 July 2023.

We can also see you would like to know if you can continue to use your BRC for returning to the UK after traveling abroad.

Your biometric residence card is not a travel document. You will be able to use your BRC up until the expiry date must use your BRC with your passport when entering the UK as your proof of residence."

This sounds pretty promising!

[kamoe]

I wrote to MP to please pass my question to the Home Office. I received the below response:

Dear [My MP's name] MP,

Thank you for your letter of 8 December to the Home Secretary on behalf of [My name and address] about the use and validity of European Economic Area (EEA) Biometric Residence Cards (BRC’s) at the end December. Please note that you are receiving a reply from an official.

A valid EEA BRC can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. The Government will shortly provide updated information on the GOV.UK website with further advice on the use of biometric residence cards.

Holders of biometric residence cards are also able to access and share their immigration status online to evidence their status in the UK. Going forwards we will provide all foreign nationals coming and staying in the UK with access to their immigration information online instead of issuing physical documents that can be lost, stolen or tampered with, which will be the primary means for EEA citizens and their family members to prove their status in the UK.

Yours sincerely,

Xxxxxxx
Email: Public.Enquiries@homeoffice.gov.uk

Note the above does not mean that the cards are necessary valid until June 30th, only that that is the date until when they chose to confirm validity. No idea why they chose to do this when the EU resolution centre is confirming validity until expiration date.

Note it also does not specify if this applies to all cards, or only cards used to apply for the Settlement Scheme. Since I wrote to my MP from the point of view of someone having applied to the Settlement Scheme using my EEA BRC, I am broadly assuming the latter.

In conclusion, I believe a subset of our questions are answered. My takeaways are:

• It can be considered confirmed that cards used to apply for the Settlement Scheme will be valid after December 31st 2020, and at least until June 30th 2021.

• There are still some unknowns due to still contradictory information. It might be that some cards will be valid until their printed expiration date, and not only until June 30th 2021.

• An announcement with further details regarding BRCs is expected shortly.

• It is reasonable to assume EEA RC cards not used to apply for the Settlement Scheme will indeed become invalid after December 31st 2020.

[CR001]

I wrote to MP to please pass my question to the Home Office. I received the below response:

Dear [My MP's name] MP,

Thank you for your letter of 8 December to the Home Secretary on behalf of [My name and address] about the use and validity of European Economic Area (EEA) Biometric Residence Cards (BRC’s) at the end December. Please note that you are receiving a reply from an official.

A valid EEA BRC can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. The Government will shortly provide updated information on the GOV.UK website with further advice on the use of biometric residence cards.

Holders of biometric residence cards are also able to access and share their immigration status online to evidence their status in the UK. Going forwards we will provide all foreign nationals coming and staying in the UK with access to their immigration information online instead of issuing physical documents that can be lost, stolen or tampered with, which will be the primary means for EEA citizens and their family members to prove their status in the UK.

Yours sincerely,

Xxxxxxx
Email: Public.Enquiries@homeoffice.gov.uk

Note the above does not mean that the cards are necessary valid until June 30th, only that that is the date until when they chose to confirm validity. No idea why they chose to do this when the EU resolution centre is confirming validity until expiration date.

Note it also does not specify if this applies to all cards, or only cards used to apply for the Settlement Scheme. Since I wrote to my MP from the point of view of someone having applied to the Settlement Scheme using my EEA BRC, I am broadly assuming the latter.

In conclusion, I believe a subset of our questions are answered. My takeaways are:

• It can be considered confirmed that cards used to apply for the Settlement Scheme will be valid after December 31st 2020, and at least until June 30th 2021.

• There are still some unknowns due to still contradictory information. It might be that some cards will be valid until their printed expiration date, and not only until June 30th 2021.

• An announcement with further details regarding BRCs is expected shortly.

• It is reasonable to assume EEA RC cards not used to apply for the Settlement Scheme will indeed become invalid after December 31st 2020.

Please do not name HO staff on the forum. You have not been given permission by them to do so.

[kamoe]

Please do not name HO staff on the forum. You have not been given permission by them to do so.

Oops. Missed it! Thanks for hiding.

[darkpunk]

Hi all,

I had called the Home Office EU Settlement Scheme Resolution Centre (0300 123 7379) on Thursday morning 10/12/2020 and spoke to a advisor who advised me that the BRC that I currently have which was issued under the EEA regulations will not be valid from the 31st of December 2020 even though my BRC expires in July 2023. The advisor also said that I will have to swap my current BRC which was issued under the EEA regulations to a EUSS BRC in-order for the BRC to be valid after the 31st December 2020.

As soon after terminating the call I quickly made an application online to swap my current BRC card which was issued under the EEA regulations to a EUSS BRC here -->(https://visas-immigration.service.gov.u ... nt-service). After completing the forms I was redirected to a outsourcing company website (Sopra Steria) here --> (https://www.ukvcas.co.uk/home-internal) and was asked to upload 1 mandatory proof of address and 2 Other proofs documents (Current Biometric Residence Card) and (Consent form for the Home Office to undertake checks) and book an appointment. I luckily got an appointment on Saturday 12/11/2020 evening which was like God sent and had to travel to Croydon to get this done.I had to re-do my face photo and the biometrics which cost me £136.99 SMS notification included even though the cards free and I am just doing a BRC swap just to reflect the EUSS status on my card (All payments were done at the time of the appointment booking online).

Monday morning I received an email from home office asking the below.
Good Morning

Thank you for your application to exchange your biometric residence card (BRC) issued under the EEA Regulations for a biometric residence card that reflects the leave you have been granted under the EU Settlement Scheme.

Please note that a BRC issued under EEA Regulations provides you with an exemption from the requirement to obtain a visa to travel to another Member State of the European Union. A BRC issued under the EU Settlement Scheme does not, and if you choose to exchange your current BRC for a BRC issued under the EU Settlement Scheme, you will be required to apply for a Schengen visa to travel to another EU Member State. You only need to apply to replace your biometric residence card issued under the EEA Regulations when it expires and then only if you intend to travel outside the United Kingdom, as you can rely upon your digital status to prove your right to stay, work or study in the United Kingdom.

Can you please confirm that you are therefore content to proceed with your application? We are unable to proceed with your application until you have confirmed if you are content to proceed.

Kind regards

This confused the hell out of me as the only reason why I went thought the whole swap thing is because I was advised by the EU Settlement Scheme Resolution Centre that my current BRC issued under the EEA regulations will not be valid from the 31st of December 2020.

I then replied to the email saying that they can proceed with my application and also asked him if I could use my current BRC card issued under the EEA regulations which was valid until July 2023 after 31st Dec 2020 if my new card which will reflect EUSS status does not arrive by the end of January. The case worker then only replied the below.

Good Morning,

Thank you for your e-mail.

Your confirmation to proceed has been noted and your application has been sent to the appropriate team for consideration.

Kind Regards,

[saddleback]

Hi all,

I had called the Home Office EU Settlement Scheme Resolution Centre (0300 123 7379) on Thursday morning 10/12/2020 and spoke to a advisor who advised me that the BRC that I currently have which was issued under the EEA regulations will not be valid from the 31st of December 2020 even though my BRC expires in July 2023. The advisor also said that I will have to swap my current BRC which was issued under the EEA regulations to a EUSS BRC in-order for the BRC to be valid after the 31st December 2020.

As soon after terminating the call I quickly made an application online to swap my current BRC card which was issued under the EEA regulations to a EUSS BRC here -->(https://visas-immigration.service.gov.u ... nt-service). After completing the forms I was redirected to a outsourcing company website (Sopra Steria) here --> (https://www.ukvcas.co.uk/home-internal) and was asked to upload 1 mandatory proof of address and 2 Other proofs documents (Current Biometric Residence Card) and (Consent form for the Home Office to undertake checks) and book an appointment. I luckily got an appointment on Saturday 12/11/2020 evening which was like God sent and had to travel to Croydon to get this done.I had to re-do my face photo and the biometrics which cost me £136.99 SMS notification included even though the cards free and I am just doing a BRC swap just to reflect the EUSS status on my card (All payments were done at the time of the appointment booking online).

Monday morning I received an email from home office asking the below.
Good Morning

Thank you for your application to exchange your biometric residence card (BRC) issued under the EEA Regulations for a biometric residence card that reflects the leave you have been granted under the EU Settlement Scheme.

Please note that a BRC issued under EEA Regulations provides you with an exemption from the requirement to obtain a visa to travel to another Member State of the European Union. A BRC issued under the EU Settlement Scheme does not, and if you choose to exchange your current BRC for a BRC issued under the EU Settlement Scheme, you will be required to apply for a Schengen visa to travel to another EU Member State. You only need to apply to replace your biometric residence card issued under the EEA Regulations when it expires and then only if you intend to travel outside the United Kingdom, as you can rely upon your digital status to prove your right to stay, work or study in the United Kingdom.

Can you please confirm that you are therefore content to proceed with your application? We are unable to proceed with your application until you have confirmed if you are content to proceed.

Kind regards

This confused the hell out of me as the only reason why I went thought the whole swap thing is because I was advised by the EU Settlement Scheme Resolution Centre that my current BRC issued under the EEA regulations will not be valid from the 31st of December 2020.

I then replied to the email saying that they can proceed with my application and also asked him if I could use my current BRC card issued under the EEA regulations which was valid until July 2023 after 31st Dec 2020 if my new card which will reflect EUSS status does not arrive by the end of January. The case worker then only replied the below.

Good Morning,

Thank you for your e-mail.

Your confirmation to proceed has been noted and your application has been sent to the appropriate team for consideration.

Kind Regards,

It is a standard warning that pertains to your switch from the EEA legislation-based BRC (EEA RC) to the one issued under UK legislation (EUSS BRP).

Given that you acted on the advise given, which indicates that you have decided that it is prudent to do that switch, I can suggest to respond to that email with confirming that you are still OK with this switch.

[darkpunk]

FINAL UPDATE

I had no choice but to amend my flight ticket dates and move them to another time. If not risk getting stranded out of the UK.

I have just received my updated BRC issued under EUSS. It looks like they have now changed the way the card looks please see attached pic for the look of the new BRC Card.


TIMELINE BELOW
Online form Submission date: 10/12/2020
Biometrics with Steria Sopra: 12/12/2020
Email from home office asking about exchange of BRC from EEA to EUSS: 14/12/2020
Email from HMRC to say that BRC is ready and will be posted in 7 working days: 10/02/2021
Card Received: 15/02/2021

Thank you for all your help and advise and I wish you the very best..