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Entering UK with UK-Issued Residence Card after Brexit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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kubus
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Entering UK with UK-Issued Residence Card after Brexit

Post by kubus » Mon Dec 07, 2020 1:27 pm

Seems like the home office finally confirmed UK issued residence can be used to enter UK after 31/12/2020.
https://www.gov.uk/government/publicati ... dence-card.

kamoe
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Re: Entering UK with UK-Issued Residence Card after Brexit

Post by kamoe » Mon Dec 07, 2020 2:09 pm

kubus wrote:
Mon Dec 07, 2020 1:27 pm
Seems like the home office finally confirmed UK issued residence can be used to enter UK after 31/12/2020.
https://www.gov.uk/government/publicati ... dence-card.
I really wish this was the case, but... I do not think it confirms what we need it to confirm.

First, this guidance is for non-EU citizens residing in other EU countries on non-UK-issued Article 10/20 cards, not for people residing in the UK on UK-issued Article 10/20 cards.

Second, this only clarifies that the rules are indeed changing in 2021 and that it will NOT be sufficient to travel with these cards:

It says
From 1 January 2021, you will need a valid national passport, together with one of the following:
  • an EU Settlement Scheme family permit
  • a UK-issued EEA family permit
  • a UK-issued biometric residence card
In other words, it is saying, if your EU sponsor is not a resident, or future resident in the UK, then you cannot enter (usually no way to have any of the above otherwise).

Note how the third option is carefully worded as "UK-issued biometric residence card" NOT "UK-issued EEA biometric residence card". Disappointedly, for me this is still open for interpretation, and still ambiguous as to how the UK-issued EEA RCs are valid after January 1st.

I believe this does not address the contradiction still publicly available on the EEA RC application page where is still says, to this day:
If you already have a residence card it will not be valid after 31 December 2020.
But if anyone believes there is a less ambiguous way of interpreting this, please share. I think it is best to err on the side of caution.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Zerubbabel
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Re: Entering UK with UK-Issued Residence Card after Brexit

Post by Zerubbabel » Mon Dec 07, 2020 5:23 pm

They love keeping things ambigious...
- an EU Settlement Scheme family permit
- a UK-issued EEA family permit
- a UK-issued biometric residence card
I crossed anything we know. But what could be a "a UK-issued biometric residence card"?

kamoe
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Re: Entering UK with UK-Issued Residence Card after Brexit

Post by kamoe » Mon Dec 07, 2020 5:41 pm

Zerubbabel wrote:
Mon Dec 07, 2020 5:23 pm
But what could be a "a UK-issued biometric residence card"?
I am hitting my head hard on the wall over this. It's like it was intentional.

It could be interpreted as:
  • EUSS Biometric Residence card only, excluding UK-issued EEA biometric residence card
  • Either of EUSS Biometric Residence card or UK-issued EEA biometric residence card
They have taken the care of spelling this out for EUSS Family Permits and EEA Family Permits, very specifically, and in two separate bullet points. This means they acknowledge it is not sufficient to just say: "UK-issued Family Permits", and have chosen to clarify that there are two types of it, and that either is valid. Why have not they done the same for biometric residence cards??? :shock:

Why they have chosen to cut corners on a sentence so crucial, specially when another site is in complete contradiction, escapes my understanding.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kubus
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Re: Entering UK with UK-Issued Residence Card after Brexit

Post by kubus » Thu Dec 17, 2020 8:25 pm

Is it now safe to say UK-issued residence card can be used to enter UK by Non-EEA UK residence after 31 Dec 2020? See below.
https://www.gov.uk/guidance/visiting-th ... nuary-2021

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Zerubbabel
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Re: Entering UK with UK-Issued Residence Card after Brexit

Post by Zerubbabel » Thu Dec 17, 2020 8:45 pm

For now, this is what we have. I understand EEA cards issued by the UK accepted but not the ones issued by other countries.
If you’re a non-EEA family member of an EU, EEA or Swiss citizen
You will need a valid national passport, and one of the following:

an EU Settlement Scheme family permit
a UK-issued EEA family permit
a UK-issued biometric residence card

You will not be able to use an Article 10 or Article 20 residence card issued by an EEA member state.

Maverick228
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Re: Entering UK with UK-Issued Residence Card after Brexit

Post by Maverick228 » Tue Dec 22, 2020 4:51 pm

Zerubbabel wrote:
Thu Dec 17, 2020 8:45 pm
For now, this is what we have. I understand EEA cards issued by the UK accepted but not the ones issued by other countries.
If you’re a non-EEA family member of an EU, EEA or Swiss citizen
You will need a valid national passport, and one of the following:

an EU Settlement Scheme family permit
a UK-issued EEA family permit
a UK-issued biometric residence card

You will not be able to use an Article 10 or Article 20 residence card issued by an EEA member state.
So does that mean you can use EEA BRC to enter the UK in 2021? They won't be automatically invalidated?

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