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Settled Status - Returning to the UK

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

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CADSM7
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Posts: 6
Joined: Sun Dec 13, 2020 7:20 pm
Spain

Settled Status - Returning to the UK

Post by CADSM7 » Sun Dec 13, 2020 7:25 pm

Good evening,

I am a Spanish national and my wife is a Brazilian national who holds a Settled Status. She went to Brazil in October and is due to return with my daughter who is British in the beginning of January. However, we found out that the BRP she got for being an EU family member has expired.

Can she return to the UK with her Brazilian passport, and the expired BRP as well as the settled status, or she will need to apply for a visa?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am
European Union

Re: Settled Status - Returning to the UK

Post by kamoe » Sun Dec 13, 2020 7:46 pm

CADSM7 wrote:
Sun Dec 13, 2020 7:25 pm
However, we found out that the BRP she got for being an EU family member has expired.
How is it expired? Do you mean the expiry date printed on her physical card has passed?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

CADSM7
Newly Registered
Posts: 6
Joined: Sun Dec 13, 2020 7:20 pm
Spain

Re: Settled Status - Returning to the UK

Post by CADSM7 » Sun Dec 13, 2020 7:49 pm

kamoe wrote:
Sun Dec 13, 2020 7:46 pm
CADSM7 wrote:
Sun Dec 13, 2020 7:25 pm
However, we found out that the BRP she got for being an EU family member has expired.
How is it expired? Do you mean the expiry date printed on her physical card has passed?
Correct, the card was valid for 5 years and dated printed on the physical card has passed.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am
European Union

Re: Settled Status - Returning to the UK

Post by kamoe » Sun Dec 13, 2020 8:01 pm

CADSM7 wrote:
Sun Dec 13, 2020 7:49 pm
kamoe wrote:
Sun Dec 13, 2020 7:46 pm
CADSM7 wrote:
Sun Dec 13, 2020 7:25 pm
However, we found out that the BRP she got for being an EU family member has expired.
How is it expired? Do you mean the expiry date printed on her physical card has passed?
Correct, the card was valid for 5 years and dated printed on the physical card has passed.
In this post, I share the answer I got from my MP, after asking a related question. This answer comes to them from the Home Office. Relevant to your question is the following extract:
A valid EEA BRC can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. The Government will shortly provide updated information on the GOV.UK website with further advice on the use of biometric residence cards.
This answer suggests that EEA BRCs that have NOT yet expired (I interpret that to mean printed expiration date has not passed) can be used beyond December 31st 2020 and at least until June 30th 2021. Note how this answer implies that a physical valid document is likely needed if one has to board a plane, or another form of transport where document/visa controls are conducted, which suggests that an electronic status is not enough. The classic solution to that is to apply for a family permit if one is abroad.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

CADSM7
Newly Registered
Posts: 6
Joined: Sun Dec 13, 2020 7:20 pm
Spain

Re: Settled Status - Returning to the UK

Post by CADSM7 » Sun Dec 13, 2020 8:21 pm

kamoe wrote:
Sun Dec 13, 2020 8:01 pm
CADSM7 wrote:
Sun Dec 13, 2020 7:49 pm
kamoe wrote:
Sun Dec 13, 2020 7:46 pm
CADSM7 wrote:
Sun Dec 13, 2020 7:25 pm
However, we found out that the BRP she got for being an EU family member has expired.
How is it expired? Do you mean the expiry date printed on her physical card has passed?
Correct, the card was valid for 5 years and dated printed on the physical card has passed.
In this post, I share the answer I got from my MP, after asking a related question. This answer comes to them from the Home Office. Relevant to your question is the following extract:
A valid EEA BRC can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. The Government will shortly provide updated information on the GOV.UK website with further advice on the use of biometric residence cards.
This answer suggests that EEA BRCs that have NOT yet expired (I interpret that to mean printed expiration date has not passed) can be used beyond December 31st 2020 and at least until June 30th 2021. Note how this answer implies that a physical valid document is likely needed if one has to board a plane, or another form of transport where document/visa controls are conducted, which suggests that an electronic status is not enough. The classic solution to that is to apply for a family permit if one is abroad.
Thanks for getting back to me, Brazilian nationals are not required to get a visa beforehand to board a plane to UK, I am worried about the possibility of border control refuse her entry to the UK when she arrives.
Will she need to take her biometrics if applying to a family permit?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am
European Union

Re: Settled Status - Returning to the UK

Post by kamoe » Sun Dec 13, 2020 8:49 pm

CADSM7 wrote:
Sun Dec 13, 2020 8:21 pm
Thanks for getting back to me, Brazilian nationals are not required to get a visa beforehand to board a plane to UK, I am worried about the possibility of border control refuse her entry to the UK when she arrives.
I am going to say what I have already said to a number of people here: :idea: If you are unsure, contact your MP. They are there for that. Your MP is the official communication between you and the Home Office (this board isn't), and the Home Office has the obligation to answer. I got the aforementioned answer within 48 hours.
Will she need to take her biometrics if applying to a family permit?
I'll let someone else with first-hand, recent Brazilian experience answer this.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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