EEA Residence card holder - Passport expiring

[eubritish]

Hello,

I have looked around the forums but couldn't find answer to my question so here it goes.

I am an EEA citize, my dependent sister is living with me and has a 5 years EEA residence card, its a separate ID card, not something attached to the passport. She also has the pre-settled status confirmed.

Her passport is expiring in September and she is travelling outside the UK in March, returning 3 weeks later.

She will not have '6 months validity' on her passport when she is returning and I am starting to worry if this would be a problem on her return to the UK.

Can anyone please advice what should we do? Would it be better to apply for a new passport for her and if yes, do we need to do anything about her EEA residence card? there is no passport number or any other reference to her passport on this card.

Thanks for any information someone can share.

[kamoe]

I am an EEA citize, my dependent sister is living with me and has a 5 years EEA residence card, its a separate ID card, not something attached to the passport. She also has the pre-settled status confirmed.

Her passport is expiring in September and she is travelling outside the UK in March, returning 3 weeks later.

She will not have '6 months validity' on her passport when she is returning and I am starting to worry if this would be a problem on her return to the UK.

Check here: https://www.gov.uk/uk-border-control/be ... for-the-uk

You’re not from an EEA country
You must have a valid passport to enter the UK. It should be valid for the whole of your stay.

You may also need a visa, depending on which country you’re from.

So according to that, as long as her passport is valid on the date of her return, and that she can show a valid residence card, she should be good.

Now... as I see it, the problem is not the passport, is, potentially, her residence card.
It is not clear at present if EEA cards attached to status under the Settlement Scheme will be accepted in 2021. Read this post.

Can anyone please advice what should we do?

Note that no one can legally give you advice in this forum, unless they are an official immigration adviser (Really just saying this as a gentle reminder to everyone. )

What we do is share the facts, for you to make the best decisions regarding your case.

Would it be better to apply for a new passport for her and if yes, do we need to do anything about her EEA residence card? there is no passport number or any other reference to her passport on this card.

Again , the problem is not the passport, it might be the residence card.

[eubritish]

Thanks for your reply.

I am confused now as I have never heard of 'EU Settlement Scheme residence card'. When my sister applied for her Pre-Settled status, all they sent was a confirmation email, nothing else. The email itself says

"Entering the UK
There are no changes for when you travel to the UK. You must continue to present your
passport and biometric residence card at the UK border."

It also says;

"Residence card

If you do not currently hold a biometric residence card, you should receive your residence
card within seven working days."

But she does have a residence card so I guess thats why they never send a new one.

My point being there was no indication anywhere that she will need to apply for a new 'Settlement scheme' residence card. Maybe this has changed since then and I did search online but couldn't find anything.

Are you able to direct me somewhere?

Thanks,

[kamoe]

It also says;

"Residence card

If you do not currently hold a biometric residence card, you should receive your residence
card within seven working days."

This means you have heard of the EUSS Residence Card

But she does have a residence card so I guess thats why they never send a new one.

Correct.

My point being there was no indication anywhere that she will need to apply for a new 'Settlement scheme' residence card. Maybe this has changed since then and I did search online but couldn't find anything.

I believe the Home Office has done a poor job at communicating a number of key pieces of information regarding the EEA and EUSS routes, specially in what concerns non-EU family members of EU nationals.

I do not know for sure is she has to convert her card, but I know she has the option.

Are you able to direct me somewhere?

Service to apply to convert EEA RC into EUSS RC is here.
Post thread where people share their experience using this conversion service is here.

[eubritish]

Thanks very much for your help kamoe.

I went to the link you suggested and indeed one of the options is "You want to upgrade your BRC issued under the EEA regulations to a BRC issued under the EU Settlement Scheme" and my feeling is 'Well I don't want to but I don't trust you!"

I have submitted the application and though there is no fee, the biometric thing is to be done by a 'partner' and thats a nice £135 for God's sake! The earliest available slot is in mid December even when searching within radius of 100 miles from me, so looks like the partner have a nice revenue going on!

Surpringly they didn't ask for much, the only requirements they gave are:

Mandatory documents
Proof of address

Other documents
Current Biometric Residence Card
Consent form for the Home Office to undertake checks on applicant

All can be scanned and uploaded, no need to send anything by post which is very good.

They say it can take upto 8 weeks so hopefully it comes soon as my sister is travelling in 7 weeks!

Thanks a lot for your help once again, much appreciated.