Immigrationboards.com

Hello.
I know this topic have been toing and froing for a while and moderators have done their best for reassuring all the affected but my OCD made me search and call.
Founding that Residence Card of a Family Member of a Union Citizen (new version of the biometric card used after April 2015) is issues according to Article 10 of EU Directive 38/2004.
In the approval/invitation letter, last paragraph states that BRP should be cut in half and send to the provided address.
My Obsessive Compulsive Disorder was triggered. I call 03001232253 selected the appropriate numerical option and on the other end of the line the agent confirmed me that doesn't make any difference if the biometric card was issued under European laws or the British ones I must send it after my ceremony. I was emphatic as the customer service from HO was, he insisted that if it's a BIOMETRIC SHOULD BE DESTROY
I am just sharing my experience and taking into account that once Brexit ends such cards or certificates are useless I will send mine ASAP..

Thanks.

The Home Office phone line, which is operated by a third-party call centre, not Home Office staff, has been known to give incorrect advice. I would not go by their advice.

BRPs issued under the UK Immigration Rules and (Permanent) Residence Cards issued under the EEA Regulations are different beings.

Any status you have under the UK Immigration Rules ceases when you become a British citizen. That is why your BRP should be destroyed. Its legal validity is no more.

Your PR status under EU law persists and lies side-by-side with British citizenship. Therefore, your Permanent Residence Card is still legally valid and hence does not need to be destroyed.

Thank you Secret Simon.
I really appreciate your post, can you please provide any link with the explicit instruction of not return needed.
It's my concern, most if not all the moderators advice they are not lawyer but altruistic people serving us with they knowledge. HO doesn't give any exact information on its website regarding the Residence Card destruction obligation.
The help line is not trustable according to your post.
What to do?
Is it worth keeping the Residence Card after becoming British?
Would be so useful if someone else who is EEA family would comment if they sent it or not the Residence Card after Ceremony.
Or if they have received any letter making them to pay the £1000 fine for not sending it.
Sorry...I am just wondering how to resolve this issue not only for the high price to pay if failing but also scared of any offence leading to a bad record as a first thing a "new British" does incorrectly.
Thanks.

most if not all the moderators advice they are not lawyer

Best not to assume anything about the forum members or moderators.

CR001 wrote: ↑

Thu Dec 07, 2017 4:54 pm

most if not all the moderators advice they are not lawyer

Best not to assume anything about the forum members or moderators.

By no means I was undermining the effort and time moderators put in the whole website. I do apologize if my wording was too generalized.
No more assumption but a honest and humble request.
Please any immigration lawyer out there (if any) can please provide at least an extract of the regulation contemplating the destruction of the Residence Card -biometric format- of EEA family member?
Thanks.

Alecarrey wrote: ↑

Thu Dec 07, 2017 4:40 pm

Thank you Secret Simon.
I really appreciate your post, can you please provide any link with the explicit instruction of not return needed.
It's my concern, most if not all the moderators advice they are not lawyer but altruistic people serving us with they knowledge. HO doesn't give any exact information on its website regarding the Residence Card destruction obligation.
The help line is not trustable according to your post.
What to do?
Is it worth keeping the Residence Card after becoming British?
Would be so useful if someone else who is EEA family would comment if they sent it or not the Residence Card after Ceremony.
Or if they have received any letter making them to pay the £1000 fine for not sending it.
Sorry...I am just wondering how to resolve this issue not only for the high price to pay if failing but also scared of any offence leading to a bad record as a first thing a "new British" does incorrectly.
Thanks.

I am in the same situation...called the UK Visa and Immigration and told me I have to send it back but since I am outside the UK she told me to go to the closest Visa Application center and return it there....this I find it very strange because those centers are a third party than only process visas, nothing to do with citizenship....So I am still not sure if the fine is applicable to us when we dont return the PR cards (which are different to the ILR cards)... As you say, maybe worth asking someone that got a fine for not returning the PR card???