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Lost residence card on the brink of Brexit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Dezgrind
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Lost residence card on the brink of Brexit

Post by Dezgrind » Sat Aug 31, 2019 8:13 am

Hello!

I'm an Eu citizen living in the UK with my Russian-citizen wife.
She has joined me in 2017, got her residence card later the same year and has been living with me ever since. We both applied for the new settled scheme a couple of months ago and both got our pre-settled statuses.
And now as she was applying for her provisional drivers license it looks like the wonderful people at Parcelforce have lost her letter with her residence card inside and have been unable to find it for the past couple of weeks. It's possible that they will, but I have little faith in them.

The question is- should she start applying for a new residence card now? Is it still going to work after Brexit? Or does this new scheme with pre-settled status completely replace the residence card? If yes, what is she going to show to the lovely people on the Russian border when trying to come back to the Uk after holiday, for example. I doubt they will even be aware of some website where you can check the settled status, let alone be able to access it.
Some extra questions - as I mentioned before, after applying for the first time, I got myself a pre-settled status, however in a couple of months its gonna be officially 5 years since I've started working in the UK and I assume I will be able to re-apply to get a settled status. It says on the gov website that I can apply for myself and my family members, so is it possible that I will be able to apply for both of us and they will send a new card for her? Or is this just going to update her status to the same pre-settled thing?

If anyone can help me with any of these questions, that would be wonderful.
Thank you very much!

secret.simon
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Re: Lost residence card on the brink of Brexit

Post by secret.simon » Sat Aug 31, 2019 8:33 pm

Dezgrind wrote:
Sat Aug 31, 2019 8:13 am
should she start applying for a new residence card now?
I would suggest that she apply asap, before the Home Office stops accepting EEA regulations applications (assuming a No-Deal brexit).
Dezgrind wrote:
Sat Aug 31, 2019 8:13 am
It says on the gov website that I can apply for myself and my family members, so is it possible that I will be able to apply for both of us and they will send a new card for her? Or is this just going to update her status to the same pre-settled thing?
She needs to meet the five year requirements on her own before getting Settled Status.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sp84
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Re: Lost residence card on the brink of Brexit

Post by sp84 » Sun Sep 01, 2019 8:52 pm

She needs to meet the five year requirements on her own before getting Settled Status.
Sorry for jumping in here Simon - but could I just clarify what you mean here?

My American wife is in the UK as the spouse of an EU national (I'm Irish) ... She has a UK Residence card which expires in 2022. It is a BRC card if I am right.

I was under the impression that she derives all of her rights through me?

So when she applies for the EU settlement scheme - she must meet the five year requirement before getting settled status? (On her own and not through me) ? ... Does that mean that her first few years here don't count ?

She has been here 3 years and was a stay at home mum for 2 of them! Only started working last year when our little one got up a bit.

Hope that makes sense.

Thanks

secret.simon
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Re: Lost residence card on the brink of Brexit

Post by secret.simon » Sun Sep 01, 2019 9:04 pm

sp84 wrote:
Sun Sep 01, 2019 8:52 pm
So when she applies for the EU settlement scheme - she must meet the five year requirement before getting settled status? (On her own and not through me)?
I merely meant that the spouse needs to have resided in the UK for five years as the family member of the EEA citizen.

So, if the EEA citizen has completed five years (and is eligible for Settled Status) and the spouse has only done 2-3 years, then the spouse is not eligible for Settled Status. S/he needs to meet the requirement of five years residence as the family member of an EEA citizen themselves.

Does that help at all?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sp84
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Posts: 159
Joined: Thu May 14, 2015 6:19 pm

Re: Lost residence card on the brink of Brexit

Post by sp84 » Sun Sep 01, 2019 9:32 pm

secret.simon wrote:
Sun Sep 01, 2019 9:04 pm
sp84 wrote:
Sun Sep 01, 2019 8:52 pm
So when she applies for the EU settlement scheme - she must meet the five year requirement before getting settled status? (On her own and not through me)?
I merely meant that the spouse needs to have resided in the UK for five years as the family member of the EEA citizen.

So, if the EEA citizen has completed five years (and is eligible for Settled Status) and the spouse has only done 2-3 years, then the spouse is not eligible for Settled Status. S/he needs to meet the requirement of five years residence as the family member of an EEA citizen themselves.

Does that help at all?

Ah yes !!! Sorry! I panicked when you said "meets the five years requirements". I assumed that meant things like work history, CSI, national insurance & tax contributions etc ... So basically the only requirement for settled status is 5 years residence ? And proof of that residence ? (GP letters, pay slips, insurance, bills etc) ??? Do I have that correct ???

Also (last thing I promise) - I was thinking of applying for the settlement scheme myself - even though I am an Irish citizen. Do you know if I would I get automatic settled status ? Or pre settled?

Thanks!

secret.simon
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Re: Lost residence card on the brink of Brexit

Post by secret.simon » Sun Sep 01, 2019 11:36 pm

sp84 wrote:
Sun Sep 01, 2019 9:32 pm
I was thinking of applying for the settlement scheme myself - even though I am an Irish citizen. Do you know if I would I get automatic settled status ? Or pre settled?
As an Irish citizen, you are considered automatically settled in the UK.

However, if you make an application under the Settled Status route, you will be treated just as any other EEA citizen and will get status as per the number of years resident in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

iwolga
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Re: Lost residence card on the brink of Brexit

Post by iwolga » Mon Sep 02, 2019 8:15 am

Dezgrind,

If your wife travels to Russia without BRP, she will most likely not be able to travel back. Airlines will need prove that she will be allowed by UK Border to enter UK, which she won't be able to provide.

The link to which you are referring is only good for EU nationals with Settlement Status. For non-EU passports one needs a residency card. I know several stories of people going on holidays without the card and then not allowed on BA flights. They were forced to reapply to EEA FP (6 months) again!

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Zerubbabel
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Re: Lost residence card on the brink of Brexit

Post by Zerubbabel » Mon Sep 02, 2019 11:23 am

iwolga wrote:
Mon Sep 02, 2019 8:15 am
Dezgrind,

If your wife travels to Russia without BRP, she will most likely not be able to travel back. Airlines will need prove that she will be allowed by UK Border to enter UK, which she won't be able to provide.

The link to which you are referring is only good for EU nationals with Settlement Status. For non-EU passports one needs a residency card. I know several stories of people going on holidays without the card and then not allowed on BA flights. They were forced to reapply to EEA FP (6 months) again!
I agree with that. When you see the difficulties you get sometimes even with the correct documentation, I won't try without.

iwolga
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Re: Lost residence card on the brink of Brexit

Post by iwolga » Mon Sep 02, 2019 2:01 pm

I would add:

so far your wife can apply to both schemes. All validity of papers are described at gov.uk.

Pre-settled non-EU are getting BRCs (unlike EU citizens, who only get a link).

Russian border employees are not interested in her cards\visas (unless her status in Russia isn't clear). People, who will be checking it, are airlines' workers. And this is irrespective to the country she will be flying from. Eg KLM in the NL, Lufthansa or AirMexico - they all have the same algorithm: Russian passport -> need to check visa\card -> no card -> no boarding pass

Dezgrind
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Re: Lost residence card on the brink of Brexit

Post by Dezgrind » Mon Sep 02, 2019 9:30 pm

Thank you everyone for all your answers!
Alright, so a new card it is.

I am however still confused about this whole thing.

Reading Simon's comment it looks like in a No-deal scenario she wont be able to get a new residence card anymore? But lets imagine some freaky parcelforce 2.0 scenario where she loses the new card as well. There must be a way to get it back again, deal or no-deal? If not, it really seems a bit extreme.

And then Iwolga writes that
iwolga wrote:
Mon Sep 02, 2019 2:01 pm
Pre-settled non-EU are getting BRCs (unlike EU citizens, who only get a link).
Just checked it, the app doesn't even let me continue with her registration, unless she has a BRC already. Literally the first step is "Please scan your BRC."
And both of us have already registered and are both "pre-settled", so maybe its possible to somehow get a replacement card from that scheme?
Thank you all for your help!

iwolga
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Re: Lost residence card on the brink of Brexit

Post by iwolga » Mon Sep 02, 2019 10:08 pm

Maybe you just need to go through “report your card stolen/lost” somewhere on gov.uk?

I dont see how your situation is different then from just a lost card.

If you go through the new application, you cant use the EU exit app as your wife doesnt have BRC. So you can only apply choosing “by post” option, ie I assume you’ll need to send the passport by post.

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