Denied boarding from India to UK due to EUSS

[priyaaaasha]

Hi, the airline denied me from boarding the flight as they did not accept the evisa/ digital settled/ILR visa obtained via EUSS family permit (I am a spouse of a EU citizen who also has the settled status). I hold an Indian passport and the airline says this visa type is only for EU nationals and not for Indian passport holders. The airline called confirmation to deny me from Heathrow T5 immigration. Please could someone help on how I can get back to UKplease and what type of visa I need …..who can I reach out to in India? Any advice please? Thanks!

[priyaaaasha]

Sorry meant to say, the airline called their T5 immigration officials who confirmed that I cannot use the EU settlement scheme.

[secret.simon]

As the family member of an EU citizen on pre-settled status, did you not received a Biometric Residence Card (BRC)?

Viewing and proving your status

You can view your status or prove it to someone else online. You will not usually get a physical document.

​​If you’re not from the EU, Switzerland, Norway, Iceland or Liechtenstein

You can use a biometric residence card (BRC) to prove your status if you’re not from the EU, Switzerland, Norway, Iceland or Liechtenstein. If you did not use a BRC when you applied to the EU Settlement Scheme, you’ll be sent one after you apply.

If you did use a BRC when you applied, you can use that card to prove your status. You do not need to apply for a new one.

From 6 April 2022 you will not be able to use your BRC to confirm your right to work in the UK or your right to rent property. You’ll need to prove your right to work online or prove your right to rent online instead. You will still be able to use your BRC to confirm your identity, your right to study and your right to any public services or benefits.

If you’re sent a new biometric residence card, it will expire on 31 December 2024. This will not affect your immigration status. From 1 January 2025, you’ll need to view your status or prove it to someone else online.

The status you get under the EU Settlement Scheme proves your rights in the UK only.

As I understand it, the digital EUSS status is attached to EU/EEA/Swiss passports only. Non-EEA/Swiss family members need to carry a separate BRC to prove their right to return when returning to the UK.

You may have to apply for an EUSS Family Permit at the local UK diplomatic outpost if you do not have a biometric residence card.

[kamoe]

Hi, the airline denied me from boarding the flight as they did not accept the evisa/ digital settled/ILR visa obtained via EUSS family permit (I am a spouse of a EU citizen who also has the settled status).

The electronic status cannot be verified abroad. In other words you cannot bank on it to let you travel to the UK from abroad.

The authorities in India seem terribly misinformed about who is covered by the EUSS. But at the end of the day, the issue is not that you are not a EU national and cannot have electronic status, but that your passport is not visa-free, which means they cannot just believe what you say, and need to see a visa or residence permit to let you board the plane. They believe it for your EU spouse, not because they can verify his status but because his passport is visa free, so it is safe to take his word that he has status. But they can't check.

As @secret.simon said, you need a EUSS document that proves you have settled status. In your case, it's called a Travel Permit (which can be applied for through the route of a Family Permit)

All info available on the 3million FAQ about this problem here: https://www.the3million.org.uk/faq-1/brc-expired-lost

[Obie]

I had some Bangladeshi who faced similar issues.

As advised, applying for EU settlement scheme permit is the best option.

[priyaaaasha]

Thanks all for your replies.
I do already have the settled or ILR status via the EUSS. As you state they looked at my EU husband’s letter to accept his application status, yet mine which was exactly the same (except the name of course) was dubious. So the BA staff claimed to reach out to some immigration or UKVI staff to obtain confirmation if it’s legit and they rejected it. Said it wasn’t a valid travel permit. Apparently I also read that the UK Border Force uses a different system that shows up this info correctly but not what the airlines immigration contacts use. They probably didn’t even have the correct information. How else would I have received the official settled status letter from Home Office/ UKVI.
The BRC card I had expired in Nov but by then I already obtained the settled status and the letter states I don’t need a card as the status will be verified online but can apply for one if I wish!

[priyaaaasha]

This is what the letter and digital visa shows:

Dear xx
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Indefinite Leave in the United Kingdom under paragraph EU2 of Appendix EU to the Immigration Rules . This is also referred to as settled status.
If you were within the UK on the date of your application, you have been granted Indefinite Leave to Remain. If you were outside the UK on the date of your application, you have been granted Indefinite Leave to Enter. This means that you have a secure status under UK law and there is no time limit on how long you can stay in the UK.
You can (as set out in the important information below):
work in the UK
use the NHS
study in the UK
access public funds such as benefits and pensions, if you are eligible for them
travel in and out of the UK

[kamoe]

Thanks all for your replies.
I do already have the settled or ILR status via the EUSS. As you state they looked at my EU husband’s letter to accept his application status, yet mine which was exactly the same (except the name of course) was dubious. So the BA staff claimed to reach out to some immigration or UKVI staff to obtain confirmation if it’s legit and they rejected it. Said it wasn’t a valid travel permit. Apparently I also read that the UK Border Force uses a different system that shows up this info correctly but not what the airlines immigration contacts use. They probably didn’t even have the correct information. How else would I have received the official settled status letter from Home Office/ UKVI.
The BRC card I had expired in Nov but by then I already obtained the settled status and the letter states I don’t need a card as the status will be verified online but can apply for one if I wish!

Yours is a well known and well documented problem, sadly experienced by many others. The 3million has raised this exact issue with minister Kevin Foster in this letter to which you can see he replied in detail, including:

We are currently reviewing the viability of emailing all EUSS status holders who are non-EEA visa nationals, who hold (or held) a BRC. If implemented, we would seek to incorporate clarification on rights and obligations when travelling internationally, alongside
information on how to apply for a replacement BRC and an EUSS travel permit.

.

You have already been advised what to do. Good luck.

[iconic2006]

HI, I AM EN EU CITIZEN WITH ILR, MY HUSBAND IS AN EU FAMILY MEMBER ALSO WITH ILR. THE AIRLINE HAVE REFUSED TO BOAD HIM DUE TO EXPIRED BRC, THE AIRLINE HAVE REQUESTED A CONTACT FROM THE HOME OFFICE TO BE ABLE TO BOAD HER. DOES ANYONE KNOW THE QUICKEST WAY TO CONTACTE THE HOME OFFICE? ALSO HE IS FULLY VACINATED AND BOOSTED, BUT THE AIRLINE WILL NOT ACCEPTE NHS VACINATION CARD AS PROVE. PLEASE WE NEED YOUR HELP URGENTLY.

[secret.simon]

HI, I AM EN EU CITIZEN WITH ILR, MY HUSBAND IS AN EU FAMILY MEMBER ALSO WITH ILR. THE AIRLINE HAVE REFUSED TO BOAD HIM DUE TO EXPIRED BRC, THE AIRLINE HAVE REQUESTED A CONTACT FROM THE HOME OFFICE TO BE ABLE TO BOAD HER. DOES ANYONE KNOW THE QUICKEST WAY TO CONTACTE THE HOME OFFICE? ALSO HE IS FULLY VACINATED AND BOOSTED, BUT THE AIRLINE WILL NOT ACCEPTE NHS VACINATION CARD AS PROVE. PLEASE WE NEED YOUR HELP URGENTLY.

Do not post in all capital letters. It makes it harder to read the text and is considered as shouting online and therefore rude.

Your spouse should apply for an EUSS family permit as has already been advised above to the OP. Then after arrival, he should apply for a new BRC.

[iconic2006]

Thanks for your response, I have applied for https://www.gov.uk/euss-travel-permit, is it the same with https://www.gov.uk/family-permit and please how long does it take for the visa to get the visa?

[kamoe]

Thanks for your response, I have applied for https://www.gov.uk/euss-travel-permit, is it the same with https://www.gov.uk/family-permit and please how long does it take for the visa to get the visa?

It is not the same. Travel permit is to return to the UK, which is your case, so you you have done the right thing.
Family permit is to come to the UK for the first time, so, not your case.

[priyaaaasha]

Update: received within 3 weeks.