EEA PR card exchange to EUSS card necessity

[Mugen]

Hello,
Couldn't find any topic regarding the above...

I'm non-EU(family member of EU) national with biometric EEA PR card since 2018 and online letter/email SS since early 2019.
Do I have to exchange my card(expires 2028) issued under EEA regulations to the new EUSS biometric card?
I would like to avoid any problems on the border when re-entering UK after returning from my trip abroad.

Could find any concrete information online.

Thanks for help!

[Mugen]

Anyone on this?

[kamoe]

Do I have to exchange my card(expires 2028) issued under EEA regulations to the new EUSS biometric card?

The question is not if, is when. Then the answer depends on your plans.

If you do not plan to travel out of the UK for a while, you are good with not replacing your card at least until June 30th 2021.

In theory your current card is still "valid" until its printed date, but in practice... it is not clear what that validity allows you to do: remain legally in the UK?, prove right to work?, prove right to rent?, travel in and out of the UK? None of these? Some of these? All of these?

I would like to avoid any problems on the border when re-entering UK after returning from my trip abroad.

If you want to avoid all problems, then the bulletproof approach is to apply to replace your card ASAP, and also to avoid any travel abroad before you have your new card.

This does not mean you absolutely have to do this, or that you will not be able to get back into the UK if you try to get back in January 2021 on your current card, but again, so far there is no public reference source to guarantee you will have no issues.

Se another post where I give a somewhat longer rant/rationale here.

[daku]

In theory BRPs remain valid until they expire but it is true that unless you have British Citizenship you will need to apply to the EU Settlement scheme.

I know plenty Non- EU who have Family Member-EU Residence BRP who have applied to the Settlement Scheme but have not replaced their BRP. They are valid for 5 years so not sure why you would need to replace them. They still have a valid pre-settled status which is linked to the BRP.

Obviously some people seem obsessed to change their BRPs to say EUSS. Not sure whether that's a better status but without the legal back up i wouldn't know.

[kamoe]

I thought I'd clarify as few things:

In theory BRPs remain valid until they expire

They are valid until two possible dates:

• If you have not applied to the EU Settlement Scheme using the card, valid until 31st December 2020.

• If you have applied to the Settlement Scheme using the card, valid until the card's printed expiration date. (... BUT keep reading)

but it is true that unless you have British Citizenship you will need to apply to the EU Settlement scheme.

Correct, although I don't think this is in doubt at any point by the OP

I know plenty Non- EU who have Family Member-EU Residence BRP who have applied to the Settlement Scheme but have not replaced their BRP. They are valid for 5 years so not sure why you would need to replace them.

They still have a valid pre-settled status which is linked to the BRP.

As said above, that's the theory, but it is not clear what exactly they are valid for. Nothing has been publicly published regarding how EEA RCs can be still used after Jan 1, 2021.

Obviously some people seem obsessed to change their BRPs to say EUSS. Not sure whether that's a better status but without the legal back up i wouldn't know.

I'd say, last year there was a point in abstaining from converting one's card from EEA RC to EUSS card, since one could travel to EU countries without a visa with an EEA RC, thus there was an advantage in keeping the EEA RC card for as long as possible. The question then was, why would one rush to convert the card?

But come January 2021, the UK having left the EU and the transition period being over, this visa exemption advantage will likely disappear. With no visible advantage, plus a potential issue created by the lack of clarity of scenarios where one can still use one's EEA RC in 2021, the question is now, why would one not replace it ASAP?

[Mugen]

Thanks for your advice guys! Submitted today, but not happy to pay £110 minimum to some dodgy "partner" again - I paid £65 already just two years ago for the same thing and continue to pay quite a bit in taxes!! I'll wait until free service windows available.

[eubritish]

Looks like we do not need to change the card to the settlement one, according to the update added today.

https://www.gov.uk/guidance/visiting-th ... nuary-2021

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

[BlackDahlia]

In theory BRPs remain valid until they expire but it is true that unless you have British Citizenship you will need to apply to the EU Settlement scheme.

I know plenty Non- EU who have Family Member-EU Residence BRP who have applied to the Settlement Scheme but have not replaced their BRP. They are valid for 5 years so not sure why you would need to replace them. They still have a valid pre-settled status which is linked to the BRP.

Obviously some people seem obsessed to change their BRPs to say EUSS. Not sure whether that's a better status but without the legal back up i wouldn't know.

I am wondering about exactly the same thing. I understand that the card may not be valid after 30 June, but my understanding is that it would not be valid to re-enter the UK or to claim some benefits etc if needed. But it wouldn't render you illegal if you don't convert it, would it?

[kamoe]

There are a number of updates since this discussion started last year. First, the end of validity is stated now as June 30th 2021, not December 31st 2020. I summarised this in this post.

But it wouldn't render you illegal if you don't convert it, would it?

As far as can be possibly implied from available information, it does not seem like one would be illegal without a valid physical card.

As per the wording of selected excerpts of the outcome letter that is sent to you once you receive Pre-Settled status:

You have been granted pre-settled status and can remain in the UK for five years from the date of this letter.

and

Your pre-settled status gives you the right to stay in the UK under UK immigration law.

and lastly, it is explicitly said that to prove your status you only need the number of the document you used to apply, it never says that that document needs to remain valid:

To access your online status you will need the document number you used to make your application – therefore please make a note of your document number for future reference.

Also, in this post I shared the answer from my MP after I asked them to clarify validity of BRCs after Dec 31st 2020:

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

Two things:

• See how it explains that people can apply for a new card in the event of needing it for travel. This implies that if one does not travel, then one does not usually need to hold a card at all times.

• The last sentence is indicative of the plan to favour online status as opposed to physical cards, which also implies that current electronic status have sufficient legal weight.

[BlackDahlia]

There are a number of updates since this discussion started last year. First, the end of validity is stated now as June 30th 2021, not December 31st 2020. I summarised this in this post.

But it wouldn't render you illegal if you don't convert it, would it?

As far as can be possibly implied from available information, it does not seem like one would be illegal without a valid physical card.

As per the wording of selected excerpts of the outcome letter that is sent to you once you receive Pre-Settled status:

You have been granted pre-settled status and can remain in the UK for five years from the date of this letter.

and

Your pre-settled status gives you the right to stay in the UK under UK immigration law.

and lastly, it is explicitly said that to prove your status you only need the number of the document you used to apply, it never says that that document needs to remain valid:

To access your online status you will need the document number you used to make your application – therefore please make a note of your document number for future reference.

Also, in this post I shared the answer from my MP after I asked them to clarify validity of BRCs after Dec 31st 2020:

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

Two things:

• See how it explains that people can apply for a new card in the event of needing it for travel. This implies that if one does not travel, then one does not usually need to hold a card at all times.

• The last sentence is indicative of the plan to favour online status as opposed to physical cards, which also implies that current electronic status have sufficient legal weight.

Kamoe, thank you SO SO much for this information! That's EXACTLY what I was wondering about. I really never intended to cause any confusion. I have been very confused about this myself for days. This is really helpful, thank you very much.