Immigrationboards.com

I am a non-EU spouse of an EU citizen with a pre-settled status. I just received a letter granting me pre-settled status as well. Until the day of the letter, my migration status was Tier 4 student with a visa valid until 2021. I don't have a Family Card and never had.

The pre-settled letter says "If you do not currently hold a valid biometric residence card, you should receive your biometric residence card within 10 working days of the date of this letter"

I am currently not in the UK

Three questions:

1. Is my Tier 4 visa (residence permit) still valid or it was cancelled when the pre-settled status was issued? The HO letter says nothing on it

2. How can I travel to the UK at the moment as I cannot receive a new promised biometric residence card as I am not in the UK?

3. Can I travel to the UK with my spouse without a valid card but a valid pre-settled status confirmed by the system?

Thanks

kumitrue wrote: ↑

Wed Sep 09, 2020 11:38 am

The pre-settled letter says "If you do not currently hold a valid biometric residence card, you should receive your biometric residence card within 10 working days of the date of this letter"

Keep in mind that is a standard answer, so depending on how you applied you might or might not have a card on its way to you.
Did you supply biometrics as part of your application? If you did, there is a card on its way, if you did not, then no card.

1. Is my Tier 4 visa (residence permit) still valid or it was cancelled when the pre-settled status was issued? The HO letter says nothing on it

I understand you cannot have more than one status at the same time within UK regulation, which would mean your Tier 4 was cancelled when your Pre-Settled Status was issued. But not 100% sure if this applies to the EUSS, can someone confirm?

2. How can I travel to the UK at the moment as I cannot receive a new promised biometric residence card as I am not in the UK?

There are two questions here:

1. How can you board a plane to the UK
2. How can you be admitted into the UK by a UK border official once at UK arrivals

Answer to 1. is that airlines staff will accept your Tier 4 visa, even if it has been cancelled. They have no way to know.
Answer to 2. is that if you have your marriage certificate and hand and both your passports, and if you travel before Dec 31st 2020, then a UK border official has to let you in.

3. Can I travel to the UK with my spouse without a valid card but a valid pre-settled status confirmed by the system?

No, the electronic Pre-Settled status is of no use here. Both airline staff and immigration officials would want to see physical documents. Hence, suggestions above.

And I forgot to say, it is likely that airlines won't accept marriage certificate + passsports; and very likely that UK immigration officials won't accept your Tier 4 Visa. A good idea is to have both options at the ready, and present the most convenient each time.