Non EU citizen with settled status and expired BRP re-enter UK

I hope anyone, especially who are familiar with legal matters, can help my question.

I'm non-EU cizitzen. I've got settled status July 2020. At that time, my BRC was not expired. So I don't get a BRC automatically. And back then, they say you don't need to apply for a card.

My BRC expired in January 2021. But since I'm not travelling often, especially during pandemic, I did not think about this matter (also quite busy, got a new baby joining in our family and two young kids, and then back to work). Until I recently have to go to one of my best friend's wedding in Spain in early-mid July, I booked the whole thing. Then I realize the safest way is to appy upgrade/replace BRP. So I just applied, and I know I can't get new BRP before my travel.

My question is, when I travel back to UK, can I use my digital status to prove at the borader when re-entering the UK? (Since it is instructed we should be able to use digital status to prove our settled status anyway. Specifically Gov.uk can give us a code we share that with anyone, the border staff, who need to check and prove our settled status. Also I could show my application document for an upgrade BRP card and my old BRP, to approve the new card is just a matter of time.)
There might be hassle I'm aware. But is there any possibility that I'll be detained or refused to re-enter UK because I'm not able to show a BRP? (Here is my home, my husband, my two kids, my job are all here...)

I really wanted to go, to be there for my friend. And We already planned everything. I just wanted to understand what risk I'm taking.
I appreciate your input!
Many thanks!

Nina Roche wrote: ↑

Thu Jun 17, 2021 10:17 am

My question is, when I travel back to UK, can I use my digital status to prove at the borader when re-entering the UK?
(Since it is instructed we should be able to use digital status to prove our settled status anyway. Specifically Gov.uk can give us a code we share that with anyone, the border staff, who need to check and prove our settled status. Also I could show my application document for an upgrade BRP card and my old BRP, to approve the new card is just a matter of time.)

The problem is not the UK border, the problem is the airline staff at the Spanish airport.

Without a physical document they will likely not issue you a boarding pass, and will likely not let you board the plane. They do not have access to the same systems that UK border officials do, which is not internet-based; so the code you produce to prove your right to rent and work probably won't work. You should not rely on showing them a confirmation on your mobile phone; the processes are usually very strict and they will likely need to see a physical, UK-issued document.

Not saying this is definitely going to happen, but there is a big chance it does.

Assuming you make it to the UK border, then I think if you show the document that is attached to your status (which I believe is your expired EEA RC) the UK border official can verify that you have a valid electronic status, even if your EEA card is expired. I am not recommending you to travel on an expired EEA RC, I'm just explaining the difference between controls that will happen at both airports, and in particular what a UK border control officer usualy needs to verify your status (passport+BCP attached to status).

There might be hassle I'm aware. But is there any possibility that I'll be detained or refused to re-enter UK because I'm not able to show a BRP?

Yes, there is a big possibility. It has happened before as reported on The Guardian. And another harrowing case from one of our members here.

I really wanted to go, to be there for my friend. And We already planned everything. I just wanted to understand what risk I'm taking.
I appreciate your input!

The risk you are taking is huge.

What you could do is apply for a EUSS Family Permit in Spain. That permit will let you come back into the UK. The only issue is, this might take more than a few weeks in some cases (you might be in luck and might be processed in a few days, but recent posts show FPs can take a while, depending on the country).

Many many thanks for your reply Kamoe.

I'm having a hard time to digest those information but it's much better to know them now than at the border of Madrid...
It would have been much better if back in last year home office just instructed us to replace the card after granting settled status. But that was what happened already, no use to dwell on that...
I reminded me my travel experience during the last 5 years when holding a good BRC. There were even one or two times when borading the plane in the gate, the staff would see the card, hold me there and then make a phone call. Certainly let me go afterwards for sure. But imagining now what could happen ...

All of what you said really makes sense. Many many thanks again Kamoe! You probably saved me much troubles... Thanks a lot! Really appreciate.
And this just make me realize that it's better to apply citizenship now.

Wish you a peaceful evening!