Using expired EEA RC to apply for Settled Status

[saddleback]

Hello,

There has been an answer circulating on the forum stating that EEA RC can be used for EUSS application purposes. Does this have to be a valid EEA RC or can an expired car be used for such purposes?

By way of background, my family member has a pre-settled status and applied for BRC some three months ago, which has not been yet issued (I covered this in a separate thread). At present, we still have the expired EEA RC and want to apply to upgrade his pre-settled to a settled status in the interim.

Thus, would it be possible to use the expired EEA RC on UK exit app for purposes of applying for a settled status? Would that be a correct protocol - implying that we can apply for a settled status while BRC stipulating pre-settled status has not been yet issued?

I hope this makes sense. Can you please advise?

[saddleback]

would anyone be in a position to comment please?

[kamoe]

Does this have to be a valid EEA RC or can an expired car be used for such purposes?

Hard question. I was able to find the below in the EU Settlement Scheme Caseworker guidance, page 18:

under sub-paragraph (d), for the purposes of the reference to ‘relevant document’ in the first sub-paragraph (b) of the definition of ‘dependent relative’ in Annex 1 to Appendix EU, in sub-paragraph (b) of the definition there of ‘durable partner’, and in sub-paragraphs (e) and (f) of the definition there of ‘required evidence of family relationship’, the relevant document may have expired, where both of the following apply:

o before it expired, the applicant applied for a further relevant document (as described above in sub-paragraph (a)(i)(aa)) on the basis of the same family relationship as that on which that earlier relevant document was issued

o that further relevant document was issued by the date of decision on the application under Appendix EU

The first bullet point seems to confirm it is possible to apply with an expired document, as long as before its expiration, an application was submitted to replace it. But I believe this implies it has to be an application for the same type of document (in your case, however, you applied for a EUSS card, not another EEA RC?)

Not sure exactly what to make of the second bullet point. It could be interpreted that it means that it's possible to apply with an expired document, but the issuing of the actual status needs to wait until the new BRC is issued???

I don't know. In any case, the best way to know for sure is to just go ahead and try. It's not that there is an obvious alternative in your case.

[saddleback]

Does this have to be a valid EEA RC or can an expired car be used for such purposes?

Hard question. I was able to find the below in the EU Settlement Scheme Caseworker guidance, page 18:

under sub-paragraph (d), for the purposes of the reference to ‘relevant document’ in the first sub-paragraph (b) of the definition of ‘dependent relative’ in Annex 1 to Appendix EU, in sub-paragraph (b) of the definition there of ‘durable partner’, and in sub-paragraphs (e) and (f) of the definition there of ‘required evidence of family relationship’, the relevant document may have expired, where both of the following apply:

o before it expired, the applicant applied for a further relevant document (as described above in sub-paragraph (a)(i)(aa)) on the basis of the same family relationship as that on which that earlier relevant document was issued

o that further relevant document was issued by the date of decision on the application under Appendix EU

The first bullet point seems to confirm it is possible to apply with an expired document, as long as before its expiration, an application was submitted to replace it. But I believe this implies it has to be an application for the same type of document (in your case, however, you applied for a EUSS card, not another EEA RC?)

Not sure exactly what to make of the second bullet point. It could be interpreted that it means that it's possible to apply with an expired document, but the issuing of the actual status needs to wait until the new BRC is issued???

I don't know. In any case, the best way to know for sure is to just go ahead and try. It's not that there is an obvious alternative in your case.

Hello Kamoe

Thank you for the information. It is frustrating to wait for the correct BRC to arrive (into the 3rd month) now and whether to apply for a settled status or first to wait for BRC to arrive. We will try in any case, thank you for suggestion.