Immigrationboards.com

Hi there!

I'm living in the UK under a Tier 2 Visa and my Wife is an European Citizen. She already has a Pre-Settled status and I want to get it for me because is so much better than being tied to a Visa.

However, I was wondering which document should I use to apply. I have a BRP which is a legal UK document and I could use that for applying instead of my Argentinian passport. The benefit of this is that because is a Biometric Permit, I won't be asked to provide my biometrics. Also it is easier to have an actual document to prove my right to live. My girlfriend is struggling every time she needs to find a Job because a lot of employers don't know about Pre-Settled status and she doesn't have any document besides her EU Passport to prove her right to work (they give you a link you can show to employers but lots of them doesn't care about that).

So I was wondering, will my BRP become invalidated If I obtain a Pre-Settled status using it and then I quit my current job (so my visa is cancelled)?

Also, I will be better off requesting a Family Visa instead of the PSS? I don't know if its possible to do so, but just wondering.

I do not know the answer to your question, but I have some observations:

1. A good call is to always have a physical document that reflects what type of permit you hold. If your intention is to quit your job, then regardless of what happens to the validity of your current BRP, after you are issued with Settled Status you'll probably want to have a BRP that actually communicates the fact that your current leave was granted under the EU Settlement Scheme and not under the points system.

2. In practical terms, you could either:

a. Apply online with your passport (not using the app), then do biometrics. You will be issued a new EU Settlement Scheme BRP.
b. Apply via the app with your BRP, and avoid biometrics. You will not be issued a new BRP.

Both options give you a path to a legal residence in the UK, the only difference being, what is said in your BRP.

3. If you choose option b. above, you can always apply to convert your BRP to the EU Settlement Scheme BRP once you have been issued Status, but you'll have to do new biometrics (and depending on appointment availability, sometimes pay for it).

Link to apply to convert BRPs here.
Link of discussions of people who have applied or are considering applying to convert BRPs here.

Thank you very much!

Well I'm not looking to quit my Job but I want to have options. I think option B is more suitable because applying for biometrics during the lockdown must be difficult. I can apply with my BRP and replace it when I get my status. Do you know what are the wait times for family members? My wife managed to get her status in a week, but she is an EU citizen.

Kind Regards