EEA (FM) in process and Tier 2 BRP lost after being returned by Home Office

Hi,

It would be great to have some advise on the following situation. Much appreciated!

Here is some background.

I am a Canadian Citizen and I am in the UK under Tier 2 ICT visa. I am married to an EU national and I recently applied for UK Residence Card (EEA FM). I received CoA that confirms my rights to work in the UK, however my application is still in process.

I requested my passport and BRP to be returned, and I had to travel for work. Due to an unfortunate event, I lost my BRP, and I need to be back to UK in couple of days.

I think I have the following options to return to the UK, and would be great to have your opinions about them:

Option 1 - Apply for a replacement BRP visa - Not sure if it really makes sense, since my BRP won't be valid when my UK residence card application process is finished.
Option 2 - Apply for a family permit. Not sure if it is feasible, as at this point all original documents (such as my wife ID, her document certifying permanent residency, marriage certificate) are with the Home Office
Option 3 - Just return to the UK and have all documents ready in hand if asked, such as Copy of marriage certificate, copy of my wife's document certifying permanent residency, my wife's payslips, copy my wife's passport, and the COA.

I am inclining towards Option 3, but would be great to hear your thoughts.

Many thanks!

canadian_inlondon wrote: ↑

Mon Feb 11, 2019 11:18 am

Option 1 - Apply for a replacement BRP visa - Not sure if it really makes sense, since my BRP won't be valid when my UK residence card application process is finished.

Does not make sense as this is no longer the real reason you ar ecoming back to the UK.

Option 2 - Apply for a family permit. Not sure if it is feasible, as at this point all original documents (such as my wife ID, her document certifying permanent residency, marriage certificate) are with the Home Office

This is the ideal answer, and what you are supposed to do if you find yourself stranded abroad while your BRC is in process. But if you do not have access to the documentation that would guarantee a successful application, then maybe best to consider alternatives.

Option 3 - Just return to the UK and have all documents ready in hand if asked, such as Copy of marriage certificate, copy of my wife's document certifying permanent residency, my wife's payslips, copy my wife's passport, and the COA.

As long as you have your passport and copies of the documents you cite above, you should have no problems. (Actually Option 4 is to just get in on the strength of your Canadian passport, but best if you disclose your EU wife status and that you are not a tourist).

kamoe wrote: ↑

Mon Feb 11, 2019 11:35 am

canadian_inlondon wrote: ↑

Mon Feb 11, 2019 11:18 am

Option 1 - Apply for a replacement BRP visa - Not sure if it really makes sense, since my BRP won't be valid when my UK residence card application process is finished.

Does not make sense as this is no longer the real reason you ar ecoming back to the UK.

Option 2 - Apply for a family permit. Not sure if it is feasible, as at this point all original documents (such as my wife ID, her document certifying permanent residency, marriage certificate) are with the Home Office

This is the ideal answer, and what you are supposed to do if you find yourself stranded abroad while your BRC is in process. But if you do not have access to the documentation that would guarantee a successful application, then maybe best to consider alternatives.

Option 3 - Just return to the UK and have all documents ready in hand if asked, such as Copy of marriage certificate, copy of my wife's document certifying permanent residency, my wife's payslips, copy my wife's passport, and the COA.

As long as you have your passport and copies of the documents you cite above, you should have no problems. (Actually Option 4 is to just get in on the strength of your Canadian passport, but best if you disclose your EU wife status and that you are not a tourist).

Thank you kamoe. That is really helpful.

Option 1 - Apply for a replacement BRP visa - Not sure if it really makes sense, since my BRP won't be valid when my UK residence card application process is finished.

Two different immigration routes and you can hold both simultaneously. A UK EEA RC is only CONFIRMATION of a status whereas your Tier 2 BRP/visa is what legally allows you to work for your sponsor.