EEA BRCs will be valid after Dec 2020 if used to successfully apply for the Settlement Scheme

[kamoe]

Some people have reported this in several posts, and I have just received written confirmation that:

If used to successfully apply for the Settlement Scheme, a EEA BRC will be valid until is printed expiration date, NOT December 31st 2020.

Since the status granted though the Settlement scheme will be valid after that expiration date, people are invited to tranfer their cards onto new EUSS BRCs. Biometrics for that are free.

Full confirmation here:

Dear [My Name],

Thank you for contacting the Settlement Resolution Centre.

As you applied with a valid BRC and was successfully issued with Pre-Settled Status, your BRC will continue to be valid until the printed date on the card of [date printed on my card].

As your status will continue to be valid past the date your BRC expires, you will be able to apply for a replacement card to allow you to transfer your status from your current BRC to a new EUSS BRC.

To swap the biometric residence card issued to you under EEA Regulations for a biometric residence card that reflects the leave that you have been granted under the EU Settlement Scheme, you should apply using the service at https://visas-immigration.service.gov.u ... nt-service.

You will need to enrol your biometric information. This application is free (including enrolment). Further details regarding enrolling your biometric information will be provided when you apply. You will need to submit your old biometric residence card with your application for a replacement. If you cannot produce your old biometric residence card your application will attract the normal fees for replacement of a lost or stolen card.

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey

https://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5


Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,

EU Settlement Resolution Centre
UK Visas & Immigration

[mkhan2525]

It might be worth keeping your EEA BRC till the end of December if you plan on using it to travel to an EU country.

[kamoe]

It might be worth keeping your EEA BRC till the end of December if you plan on using it to travel to an EU country.

It might be worth keeping your EEA RBC until whatever expiration date is printed on it, not just December 2020.

[kubus]

The Home Office released an updated document dated 21/02/2020 that contradicts the EEA issued document validity after Brexit.

“EU Settlement Scheme
After the UK leaves the European Union (EU), EU free movement will be brought to an end and all documentation issued to European Economic Area (EEA) and Swiss citizens, and their family members, under EU law will cease to be valid. After free movement is brought to an end, EEA and Swiss citizens and their family members will require a UK immigration status in order to remain in the UK.”

[kubus]

https://assets.publishing.service.gov.u ... 9.0ext.pdf

[kamoe]

The Home Office released an updated document dated 21/02/2020 that contradicts the EEA issued document validity after Brexit.

“EU Settlement Scheme
After the UK leaves the European Union (EU), EU free movement will be brought to an end and all documentation issued to European Economic Area (EEA) and Swiss citizens, and their family members, under EU law will cease to be valid. After free movement is brought to an end, EEA and Swiss citizens and their family members will require a UK immigration status in order to remain in the UK.”

Does not look like you have actually understood the original post. Please re-read it carefully.

[kamoe]

EEA and Swiss citizens and their family members will require a UK immigration status in order to remain in the UK.”

UK immigraiton status = Settled / Pre-Settled status.
This post concerns EEA cards used to sucessfully apply for Settled and Pre-Settled status.
No news or contradiction here.

[kubus]

Thanks for the clarification. I actually welcome the policy and it makes sense. The point I was trying to make is that Home Office confuses people by publishing the above document which clearly stated all EEA document will cease to be valid after Brexit. Unless I misunderstood.....

[kamoe]

The point I was trying to make is that Home Office confuses people by publishing the above document which clearly stated all EEA document will cease to be valid after Brexit. Unless I misunderstood.....

Yes, this is exactly the reason I posted this in the first place.

They should clarify that is the case only if you do not apply for the Settlement Scheme (which frankly most people are doing), in which case the document keeps its validity!

[obormot]

Dear kamoe:
Is there any official public reference to this rule?
My mother has PR BRC (valid for another 8 years). And we used it to apply for her settled status.

Until I stumbled at your post I believed we will have to apply for her to exchange this BRC for "settled status" card before the end of 2020.
But if she can instead continue to use her current EU BRC till its expiration in 2028 it will be much easier on us. (It seems that the process to change is long and takes several steps, and we will be mostly out of UK for a year or two starting from this fall, due to my job secondment)

She is US citizen, so we do not have an issue with visa when travelling to Europe.
Thanks!

Note that here:
https://www.gov.uk/apply-for-a-uk-residence-card
they say "However, your residence card will not be valid after 31 December 2020. "

[kamoe]

Is there any official public reference to this rule?

Not that I have been able to find; which is why I thought it was important to post this here, quoting the exact answer I received from the resolution center, as there is nothing else, as far as I have found, that people can use as a reference.

You are of course free to inquire this yourself, personally with the resolution center, by phone or via the contact form indicated in the respone I got above:

contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

The more people ask the same question, the more they will realise they need to make critical information available for everyone.

Note that here:
https://www.gov.uk/apply-for-a-uk-residence-card
they say "However, your residence card will not be valid after 31 December 2020. "

Similar remarks from previous poster, and, as I already said, the other reason I posted this in the first place.

[obormot]

Well..
I called the 0300 123 7379 number, and was told that PR BRC would expire on 31.12.2020 (no matter the expiration date on the card), and we will have to apply for replacement before that.
I also submitted online enquiry.
Might it be that they prolong the validity for initial 5 years ones (corresponding to pre-settled status) but not the PR ones?

[kamoe]

I called the 0300 123 7379 number, and was told that PR BRC would expire on 31.12.2020 (no matter the expiration date on the card), and we will have to apply for replacement before that.

I know it is basic to ask, but did you tell them you/the person concerned have status under the EUSS, and that the BRC was used to apply for the Scheme?

Also, the central issue here is not "no matter the expiration date", but "no matter you have used the card to apply for the EUSS".

I also submitted online enquiry.

Let us know what they say. If possibly, copy paste the full answer, blanking out any personal details as I have done above.

Might it be that they prolong the validity for initial 5 years ones (corresponding to pre-settled status) but not the PR ones?

Maybe. So that people feel they have to convert their cards at some point.

[obormot]

Oh, yes, I stated repeatedly in the conversation that my mother first got PR BRC, and then Settled status using this BRC. And they reiterated that this BRC will not be valid after 2020. I definitely will update if i learn more.
In my case, I am trying to get temporary EU-route French residency papers for my mother using this BRC (I will work in France from fall 2020 till at least the end of 2021, and so the whole family needs to temporarily relocate there), hence we cannot do replacement at least until that process is done.

[Nyamebeye]

I just wanted to add to this topic
I currently hold an EEA residence card (BRC) valid until July 2024 (issued last year). I used it to apply for pre-settled status under the settlement scheme which was granted on 3rd February 2020. In the decision letter dated 3rd Feb, it was stated that no BRC card will be issued as I already have a BRC under the EEA regulation. It was however also stated that I could use my current BRC to prove my status, right to work etc until 31st December 2020 after which it will not be valid so I will rely on the digital status from then. I called the resolution centre and they told me I could apply to replace my EEA BRC to a new BRC under the Settlement scheme, so I did that on 6th February and enrolled my biometric on 15th February.

On 12th March, I received the following email from the home office:

Good Morning,

Thank you for your application to exchange your biometric residence card (BRC) issued under the EEA Regulations for a biometric residence card that reflects the leave you have been granted under the EU Settlement Scheme.

Please note that a BRC issued under EEA Regulations provides you with an exemption from the requirement to obtain a visa to travel to another Member State of the European Union. A BRC issued under the EU Settlement Scheme does not, and if you choose to exchange your current BRC for a BRC issued under the EU Settlement Scheme, you will be required to apply for a Schengen visa to travel to another EU Member State.

You only need to apply to replace your biometric residence card issued under the EEA Regulations when it expires and then only if you intend to travel outside the United Kingdom, as you can rely upon your digital status to prove your right to stay, work or study in the United Kingdom.

Can you please confirm that you are therefore content to proceed with your application? We are unable to proceed with your application until you have confirmed if you are content to proceed.


Thank you
BRCE RC Casework Team

I felt this was contradictory to what they stated in my decision letter which was just a month ago. I have actually replied and consented to proceed with the application. They are a confused bunch of people and I just can't keep up with their changes.

[obormot]

I received a reply to my enquiry - but they did not answer my question!
They just said "if you wish you can change the card", but not whether the current BRC will continue to be valid after 2020.. (I copy their reply below)

Nyamebeye, may I as you how the process works?
Did you have to send your BRC with the application?
(The phrasing of the letter seem to indicate that either one has to send it in from the start or one has to pay - though in fact it might me not just paying but submitting a whole bunch of additional documents, or doing several additional steps in the process..)

**********

Thank you for your question regarding your submitted application reference: (....).

You have asked if there is anything you should do before your Biometric Resident Card expires.

If you wish you can swap the biometric residence card issued to you under EEA Regulations for a biometric residence card that reflects the leave that you have been granted under the EU Settlement Scheme, you should apply using the service at https://visas-immigration.service.gov.u ... nt-service.

You will need to enrol your biometric information. This application is free (including enrolment). Further details regarding enrolling your biometric information will be provided when you apply. You will need to submit your old biometric residence card with your application for a replacement. If you cannot produce your old biometric residence card your application will attract the normal fees for replacement of a lost or stolen card.

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey
https://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,

Name removed by moderator
EU Settlement Resolution Centre

UK Visas & Immigration

[Nyamebeye]

@ obormot

No, I didn't send my BRC card with the application. The application is straight forward and you don't have to submit chunks of documents again. Just one document for proof of address, once for proof of ID (passport or biometric card) and consent form. But these can be uploaded onto their website once you book the biometric appointment. I did however take my passport and BRC, proof of address and consent with me when I went to the appointment, just in case. And lo and behold, the lady there had to scan my consent form again as she said I had uploaded under the wrong section.
This process is free unless of course you book the chargeable appointment with Sopra whatever the name is. My appointment was £69.
It is likely that my old BRC would need to be returned once I receive the new card.

[Rajblondonuk]

Hi all. I am a non EU granted settled status back in Nov 2019. I haven't been granted a new BRC because my current EU residence card is valid until end of July 2020. I would like to update or apply for a residence card under EU settlement scheme. I would be grateful if anyone could tell me if there is any fee for it. And also I have a CCJ, will it have any negative effect on my application? Thanks and waiting to hear from you.

[Nyamebeye]

No there is no fee for the application. The only fee you may likely pay will be the biometric appointment fee if you are unlucky to get one of the free slots.

CCJ's will not have any impact whatsoever on your application.

[Rajblondonuk]

No there is no fee for the application. The only fee you may likely pay will be the biometric appointment fee if you are unlucky to get one of the free slots.

CCJ's will not have any impact whatsoever on your application.

Hi Nyamebeye
Thanks for your reply. To me it would not make any sense if the HO would reject my application because of the CCJ. But they ask the question on the form and this is what I am worried about. Are you sure that the CCJ will not have any impact even if it's not satisfied?
Thank you.