Settled status expired BRP, stuck overseas for 3 months+

[Krayu]

Hi everyone

Need a little advise here.

I have been granted Settled status as a EEA citizen married partner in Aug 2020. Applied for naturalisation in Aug 2021 and recently was invited to a citizenship ceremony.

My issues is I travelled to another country for work with an expired BRP (my lawyers advised I don’t need it anymore as my details can be checked digitally), and was refused boarding the plane on my way back

I have applied for a new BRP card from outside the UK on the 21st Oct and am yet to hear from the HO.

Has anyone had any similar experience? How much longer is it going to take?

Thank you

[Trainer74]

Looks like you can not apply from abroad for new BRP. you need replacement BRP for single entry, see link
https://www.gov.uk/biometric-residence- ... xpired-brp

[Trainer74]

Should read Replacement BRP visa

[Krayu]

Should read Replacement BRP visa

Hi Trainer,
Thank you for your reply,

This is exactly what we applied for - my solicitor helped me during the process.

However, is this timeline normal for such a straight forward case? Surely 3 months waiting is excessive for someone who has settled status, BRP not lost (but expired) and original documents are sent?

Any advise is appreciated, I am in lots of panic here.
Thank you

[kamoe]

Looks like you can not apply from abroad for new BRP. you need replacement BRP for single entry, see link
https://www.gov.uk/biometric-residence- ... xpired-brp

As far as I understand, the BRP replacement route is not for EUSS holders.
The right route is a EUSS Travel Permit, which can be applied for using the same procedure as a EUSS Family Permit. It is free.

One caveat though, is that applications for those are taking months, so that might be the answer to the original question. If EUSS Family Permits are taking that long, no wonder BRPs are taking long too. Then again, BRP replacement seems to be to me the wrong route to take.

[kamoe]

my lawyers advised I don’t need it anymore as my details can be checked digitally

No competent solicitor familiar with the EU Settlement Scheme would have advised you such a thing.

Should read Replacement BRP visa

Hi Trainer,
Thank you for your reply,

This is exactly what we applied for - my solicitor helped me during the process.

Again, I am almost sure that is the wrong route, I'm afraid to say. I hope I'm wrong, but I fear your solicitor ill advised you all the way.

Has anyone with EU Settled or Pre-Settled status been successful using the BRP replacement visa? If so, we'd be keen to hear success stories (and please prove me wrong).

[Krayu]

my lawyers advised I don’t need it anymore as my details can be checked digitally

No competent solicitor familiar with the EU Settlement Scheme would have advised you such a thing.

Should read Replacement BRP visa

Hi Trainer,
Thank you for your reply,

This is exactly what we applied for - my solicitor helped me during the process.

Again, I am almost sure that is the wrong route, I'm afraid to say. I hope I'm wrong, but I fear your solicitor ill advised you all the way.

Has anyone with EU Settled or Pre-Settled status been successful using the BRP replacement visa? If so, we'd be keen to hear success stories (and please prove me wrong).

Hi @kamoe

I believe I am causing more confusion, then I intended.

The below is the confirmation I got from UKVI:

Date: 19 Oct 2021
Name: XXXX
Visa: European Family Permits
Fee paid: No payment required
Reference: GWF0xxxxxxxx

I believe it is the correct visa, rather then BRP replacement, as we have not paid a fee.

How long does it normally take?
I am supposed to move apartments in the beginning of Feb and am now worried I might miss a deadline.

Thank you

[kamoe]

Hi @kamoe

I believe I am causing more confusion, then I intended.

The below is the confirmation I got from UKVI:

Date: 19 Oct 2021
Name: XXXX
Visa: European Family Permits
Fee paid: No payment required
Reference: GWF0xxxxx

I believe it is the correct visa, rather then BRP replacement, as we have not paid a fee.

How long does it normally take?
I am supposed to move apartments in the beginning of Feb and am now worried I might miss a deadline.

Thank you

Phew.

Then you did not apply for the BRP replacement visa route, thankfully (and your solicitor is less appalling than I thought).
Now, our only timelines are not hopeful, some people reports 6 months after biometrics, I'm sorry to say: eea-route-applications/euss-family-perm ... 21803.html

[kamoe]

Needless to say, please report it if you are experiencing delays: Use this tool: https://www.the3million.org.uk/report-it

[kamoe]

Looks like you can not apply from abroad for new BRP. you need replacement BRP for single entry, see link
https://www.gov.uk/biometric-residence- ... xpired-brp

I just confirmed I was right. The above advice is incorrect, the right thing to do is apply for the EUSS Travel Permit.

Read a recent report from the 3million (page 20) about the sad story of a EU/non-EU couple still stuck in Italy (sadly the incorrect advice came from the Home Office itself):

We called the UK immigration number in the UK and they told us that he needed to apply for a BRP replacement visa. We did so online and booked an appointment to the British visa application centre in Rome for the next day. We went to the appointment and double /triple checked with the lady dealing with our application if that was really the only way for him to get back to the UK even though I have settled status and he has pre settled status. She replied yes.

We paid more than £400 for trying to get this document ready within 7/10 days. The following day we received an email saying that his application was refused because he was last issued with leave to remain under the EU Settlement Scheme. We called again the UK numbers for immigration and visas and the Home Office number forthe EU Settlement Scheme, and no one told us anything to help us understand what to do.

We were told to do something at a very high price and afterwards through the3million forum we found out about another travel document used in these cases called “EUSS travel permit”.

Please stop advising anyone on the EUSS scheme to apply for a BRP replacement visa. First of all, EUSS is a BRC, not a BRP; secondly, having status under EUSS is ground for refusal.

[Krayu]

Needless to say, please report it if you are experiencing delays: Use this tool: https://www.the3million.org.uk/report-it

Thank you for advising

I have reported my issue to The3Million.
I have also reached out to the complaints department as well as my local MP.

No reply from anyone yet.

To make the matters worse (or better?) I have since received my invitation for a citizenship ceremony as my naturalization application has been successful. Now I am worried I might miss a deadline to book this if the HO takes the time it wants.

[priyaaaasha]

Hi- what ever happened here? Did you get a response or travel document? and what document reason of family permit did you apply- lost, stolen or expired BRC?
Thanks