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Hi All,

I came to UK on Tier 2 visa (which is valid until 2022). This year I have received Unmarried partner BRC valid until 30 June 2021. I have received pre-settlement status. I will update my card to pre-settled BRC, I have uploaded documents to the portal, but I am yet to take an appointment to provide biometrics.

As I understood there are some confusions around the validity of EEA BRC after 31 Dec 2020. I read in other topics that normally if we have pre-settled status, EEA BRC is extended to the date of the card, but as it can be confusing it's not sure that it will actually work on practice when coming back to the UK after 31 Dec.

I am planning to travel around Christmas time and come back on 3rd of Jan 2021, therefore I am a bit worried. At the same time, I still have my Tier 2 BRP, which is dated up to 2022. Is my Tier 2 BRP still valid after I was granted pre-settled status and can I use it to enter the UK when I am coming back in January 2021?

Thank you

Baitaska wrote: ↑

Sat Nov 07, 2020 11:18 am

As I understood there are some confusions around the validity of EEA BRC after 31 Dec 2020. I read in other topics that normally if we have pre-settled status, EEA BRC is extended to the date of the card, but as it can be confusing it's not sure that it will actually work on practice when coming back to the UK after 31 Dec.

I believe your understanding is a good summary of the collective answers we have been able to gather in this board. I will be the first one to be glad when someone can bring definitive information as to whether it is safe to assume EEA BRC cards can be used to come back into the UK after January 2021.

I am planning to travel around Christmas time and come back on 3rd of Jan 2021, therefore I am a bit worried.

I usually have this exact same travel pattern, every year.

But this year, and from a purely personal point of view, and considering all circumstances, I believe it is not unwise to be flexible and adapt when it comes to travel. Not suggesting everyone should do the same, or that it would work for everyone, but Christmas abroad and New Year in the UK does not sound like a bad compromise. Or even just staying the whole season in the UK. We are in the middle of a pandemic anyways.

At the same time, I still have my Tier 2 BRP, which is dated up to 2022. Is my Tier 2 BRP still valid after I was granted pre-settled status and can I use it to enter the UK when I am coming back in January 2021?

It is not possible to hold more than one leave to enter or remain under the immigration rules at any one time. Therefore, it could be deducted that the moment you were issued a Pre-Settled Status, your Tier 2 was curtailed. I believe you should have been made explicitly aware of this though.

Having said that, I have not been able to find any guidance document explicitly explaining the procedure to caseworkers dealing with cases like yours. All there is, is an explanation of what should happen when two applications for different types of leave are pending (if both are valid the later one is accepted), not when one type of leave exists already and a further application for another type of leave is made. I believe this just follows the rules of switching between visa categories, i.e. old leave is curtailed, new one is granted, but again I have nothing to refer to.

If my assumptions are correct, then you would not be able to use your Tier 2 to come back into the UK come January 2021.

But If anyone can provide more specific information, to correct or confirm my understanding, please share. We'll be grateful.

If there was a variation of leave from Tier 2 to pre-settled status, then the former leave has been superseded to the latter leave under Section 3(3).