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EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Wed Sep 30, 2020 11:37 pm
by Mperezjm
Hi guys, I was just checking my wifes brc and just realized the brc says EU settlement scheme and not EU settlement of a family member or something like that. Well we have applied again with all the documents required marriage cert and the expired vignete on her passport. The thing is could we just ask for a replacement or we done good applying again? Her having this BRC means she wont have problems after we come back from out Holidays to Spain, will she? I mean dont know if that is a great issue but we were a bit concerned about what the brc says.

Regards

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Thu Oct 01, 2020 2:16 pm
by Zerubbabel
Hi

She can indeed come back to the UK with that card obtained under the EU Settlement Scheme but she cannot travel with it visa free to Spain.

So she needs a visa in order to go to Spain.

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Thu Oct 01, 2020 3:10 pm
by Mperezjm
Hi thanks for the reply. As she is Venezuelan will not need a Visa for travelling there. Emailed spanish authorities and it was their answer. Thanks

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Thu Oct 01, 2020 6:15 pm
by kamoe
Mperezjm wrote:
Wed Sep 30, 2020 11:37 pm
the brc says EU settlement scheme and not EU settlement of a family member or something like that.
You are mixing things up.

1. The soon-to-be-retired EEA RC reads: "Family Member EU Residence"
2. The Presettlement RC reads "EU Scheme Pre-Settlement"

She applied for No. 2. hence the wording on her card. Period.
Well we have applied again with all the documents required marriage cert and the expired vignete on her passport.
Applying to the same thing multiple times is not going to magically make the wording change.
The thing is could we just ask for a replacement or we done good applying again?
No.

The only way to change the wording would be to apply for No.1. the EEA RC. Which, given current timelines, won't be issued in 2020, and so would already be a waste of time and money.

Since she has already applied, and got issued a EUSS card, a second application for EUSS Pre-Settlement will likely just be marked as invalid. She'll probably receive an email/call advising her she's already got the status, so why apply again, etc. You might or might not get a refund though.
Her having this BRC means she wont have problems after we come back from out Holidays to Spain, will she?
Why would an UK-issued BRC card that reads "EU Scheme Pre-Settlement" be a problem when returning to the UK?

As said above, the only difference is that with the EUSS card she does not benefit from the visa exception, when going into EU countries (Then again, as you said, thats not an issue), not the other way around. No issue whatsoever in any case entering the UK.

I mean dont know if that is a great issue but we were a bit concerned about what the brc says.
I'm really just getting over the fact that your solution to having a concern over the wording of the card, was to apply again. :shock:

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Thu Oct 01, 2020 9:28 pm
by Leah-Na
kamoe wrote:
Thu Oct 01, 2020 6:15 pm
You are mixing things up.

1. The soon-to-be-retired EEA RC reads: "Family Member EU Residence"
2. The Presettlement RC reads "EU Scheme Pre-Settlement"

She applied for No. 2. hence the wording on her card. Period.

Hi, sorry to join the topic - I had the same question and was wondering if you could advise me. I am a German national, and my husband is a non EU citizen (both living in the uk for almost a year). He applied for the residence card and also received the presettlement card. We were not aware that there are different types of residence cards for spouses of EU nationals. So we just found out he still needs a Schengen Visa with this card, and I was wondering is there any way he can apply for the family member of EU residence card? Does not really matter how long it takes.

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Thu Oct 01, 2020 10:33 pm
by Zerubbabel
Leah-Na wrote:
Thu Oct 01, 2020 9:28 pm
kamoe wrote:
Thu Oct 01, 2020 6:15 pm
You are mixing things up.

1. The soon-to-be-retired EEA RC reads: "Family Member EU Residence"
2. The Presettlement RC reads "EU Scheme Pre-Settlement"

She applied for No. 2. hence the wording on her card. Period.

Hi, sorry to join the topic - I had the same question and was wondering if you could advise me. I am a German national, and my husband is a non EU citizen (both living in the uk for almost a year). He applied for the residence card and also received the presettlement card. We were not aware that there are different types of residence cards for spouses of EU nationals. So we just found out he still needs a Schengen Visa with this card, and I was wondering is there any way he can apply for the family member of EU residence card? Does not really matter how long it takes.
You can't apply anymore. Even if you apply, the card you get won't be valid beyond December 31, 2020. The application itself will take a few months so you will get a card in 2021 that would have expired in the past.

Schengen visa is the only way forward.

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Thu Oct 01, 2020 10:56 pm
by Mperezjm
That was the best answer. Thanks, we got all sorted the advisor on the phone explained us exactly what you said. And as I said she doesnt need a schengen visa for now as Venezuelans dont need it.

Thanks guys. Awesome

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Fri Oct 02, 2020 9:57 am
by Zerubbabel
You are welcome :)

One of the effect of the Brexit, is that EEA card issued in the UK are not longer valid after the transition period that ends on Dec 31, 2020. So a lot of people will lose that convenience of being able to travel to the EEA with these cards without Schengen visa.

My wife is in the same situation and we are gutted. She used to travel visa-free but from Jan, she will be back in queeing, filling forms, paying fees, taking a day off to go to London... for a mere 3 month Schengen visa.

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Wed Oct 14, 2020 6:42 am
by AFR-_-
Zerubbabel wrote:
Thu Oct 01, 2020 2:16 pm
Hi

She can indeed come back to the UK with that card obtained under the EU Settlement Scheme but she cannot travel with it visa free to Spain.

So she needs a visa in order to go to Spain.
Hi can I confirm that from what you said, this means that if I applied for the EUSS (pre-settled status, for a non EU Citizen), I will automatically get a BRP from the EUSS Pre-Settled status? Also, will this be a EUSS BRP?

Re: EU PRE SETLEMENT BRC AND FAMILY BRC

Posted: Wed Oct 14, 2020 8:30 am
by Zerubbabel
Hello

Yes that's what you get. And despite its name, it's under British law not EEA law. It means that it won't allow you visa free travel to Europe.