Immigrationboards.com

When the news was going around about gov rolling out apps for eu residents to get their status legalised in uk I was one of the people that had problems with the apps so I figured Ah! I'll go get it done in registrar, officially, on paper. What I ended up getting and firmly believing was the right thing, was official residenc, the blue booklet. Made sense to me because before I got my citizenship in states, residency was the only thing my family got before that. Many other europeans that day were doing the same thing there too. So I thought cool, I got it done as soon as I could I'm sorted. I still followed the news in prep for official exit but maybe it was the language barrier, but the pre settled or settled statuses never stood out to me. I figured I got my residency now legally, I'm safe. Even the card said it entitles me to travel work etc. I did not hear any news about other deadlines or other forms of documentations later on. And now when I felt I could start thinking of my citizenship I find out i might have been stripped of my legal status all together. I filled the late applicationas soon as I found out, with any proof of conversations showing I thought that was the right thing. I sent emails to any legal help I could so it's all a waiting game but I'm terrified. I lived here 9 years and I was convinced I did everything right.

I have no idea why noone at the registrar at the time did not stop me and said 'hey so the blue card is becoming obsolete. You will need this next instead to stay after brexit!'

Can anyone offer any help or comfort? Thank you

The UK officially left the EU on 1st January 2021, so all the EEA regulations do no longer apply from that point. This includes the EEA residence cards, etc

The only way to stay here was to apply for a UK status via the EU settlement scheme. I am not sure why you did not seek any advice before as the settlement scheme opened up in 2017 and was open until June 2021. I hope UKVI accepts your reasonable ground, exercises discretion in your case and grant you the settled status.

To my knowledge I thought I was following the right directions : (

I hope they see i was trying to do so as well.

Hope it works out ok - the waiting times to receive the approval are very unpredictable currently which doesn't help.
It's no consolation but there must be quite a few EU citizens who had to apply late or still haven't realised what they need to do. On the deadline day I was talking to someone who daid it didn't apply to them as they are married with a British citizen and British children ....
Good luck.

alterhase58 wrote: ↑

Fri Jan 28, 2022 3:47 pm

Hope it works out ok - the waiting times to receive the approval are very unpredictable currently which doesn't help.
It's no consolation but there must be quite a few EU citizens who had to apply late or still haven't realised what they need to do. On the deadline day I was talking to someone who daid it didn't apply to them as they are married with a British citizen and British children ....
Good luck.

Thank you. Maybe if more people missed it or got confused in the process as well with all the deliberating for few years it might be ok

kasia88 wrote: ↑

Fri Jan 28, 2022 11:29 am

I filled the late applicationas soon as I found out, with any proof of conversations showing I thought that was the right thing. I sent emails to any legal help I could so it's all a waiting game but I'm terrified. I lived here 9 years and I was convinced I did everything right.

You have done what you needed to do now. As expressed by the previous post, your story sounds reasonable. The Home Office communications aren't exactly straightforward or thorough, and it is easy to see how you are very likely not be the only person making this mistake.

I have no idea why noone at the registrar at the time did not stop me and said 'hey so the blue card is becoming obsolete. You will need this next instead to stay after brexit!'

Well, even though they were becoming obsolete, they were still a valid document, so strictly speaking, no one had the duty to warn you against them. But yes, it would have been nice if someone had had the instinct of guessing you wre making a mistake. But to be fair, maybe they were not even aware of the cards becoming obsolete (they might just be following a procedure, not really understanding what it is or why it is done). These things are obscure to most people until they personally need them.

kasia88 wrote: ↑

Fri Jan 28, 2022 3:49 pm

Maybe if more people missed it or got confused in the process

I could bet money that's going to be the case.

kamoe wrote: ↑

Fri Jan 28, 2022 3:58 pm

Well, even though they were becoming obsolete, they were still a valid document, so strictly speaking, no one had the duty to warn you against them. But yes, it would have been nice if someone had had the instinct of guessing you wre making a mistake. But to be fair, maybe they were not even aware of the cards becoming obsolete (they might just be following a procedure, not really understanding what it is or why it is done). These things are obscure to most people until they personally need them.

Yeah I'm not blaming them. Let's hope it gets accepted.

Also see the link in this thread.

kasia88 wrote: ↑

Fri Jan 28, 2022 11:29 am

I have no idea why noone at the registrar at the time did not stop me and said 'hey so the blue card is becoming obsolete. You will need this next instead to stay after brexit!'

The UK's approach to immigration is to place the burden of holding the correct documentation firmly on the immigrant. It is the immigrant's responsibility to ensure that they hold the right documentation and submit the correct paperwork in time, not the Home Office's or any branch of government's. Even if they have erred, it is the immigrant's responsibility to get the paperwork corrected, not the Home Office's/government's.

Guiding people lost in the quagmire of UK immigration is the raison d'etre of forums like these.

It is unlikely that the registrar (or their staff) would have seen it as their job to advise EEA citizens to check their paperwork, especially given that in the aftermath of Brexit, there were adverts everywhere (at least everywhere where I live and work, on the side of bus-stops, etc) asking EU citizens to apply for Settled Status.

kasia88 wrote: ↑

Fri Jan 28, 2022 11:29 am

When the news was going around about gov rolling out apps for eu residents to get their status legalised in uk I was one of the people that had problems with the apps so I figured Ah! I'll go get it done in registrar, officially, on paper. What I ended up getting and firmly believing was the right thing, was official residenc, the blue booklet.

The devil, as always, is in the details. Again, because non-EEA citizens have to go through so many extra hoops (of which most EEA citizens have no idea), they learn quickly to cross every "t" and dot every "i" and verify that the documentation issued to them is the correct documentation for their specific visa status.

Even the blue booklet can get confusing. The same blue booklet was used to issue both a "Document Certifying Permanent Residence", which could be used to apply for British citizenship and a "Residence Certificate", which could not. Post-Brexit, the former became "Settled Status" and the latter "Pre-Settled Status".

What does the line "Type of Document" state in your blue booklet?

secret.simon wrote: ↑

Sun Jan 30, 2022 7:56 am

Even the blue booklet can get confusing. The same blue booklet was used to issue both a "Document Certifying Permanent Residence", which could be used to apply for British citizenship and a "Residence Certificate", which could not. Post-Brexit, the former became "Settled Status" and the latter "Pre-Settled Status".

What does the line "Type of Document" state in your blue booklet?

The booklet says UK residence documentation for a national of an EEA state

This document is issued pursuant to directive 2004/38/ec

You are advised to produce this document to the immigration officer whenever you leave or enter united kingdom (which made sense at the time if we were abotu to leave EU, i figured this was just supplementary paper work to my EU passport)

The 'id' itself says residence documentation, Certifying Permanent Residence.

Then at the back you got the stuff that says it permits me to work, travel, study and live in uk, and ' Generalyl after 5 years of residence in UK excercising a treaty right a national of an EEA state becomes permanent resident and may request document certifying permanent residence. There are no restrictions to activities mentioned above.

kasia88 wrote: ↑

Sun Jan 30, 2022 2:29 pm

secret.simon wrote: ↑

Sun Jan 30, 2022 7:56 am

Even the blue booklet can get confusing. The same blue booklet was used to issue both a "Document Certifying Permanent Residence", which could be used to apply for British citizenship and a "Residence Certificate", which could not. Post-Brexit, the former became "Settled Status" and the latter "Pre-Settled Status".

What does the line "Type of Document" state in your blue booklet?

The booklet says UK residence documentation for a national of an EEA state

This document is issued pursuant to directive 2004/38/ec

You are advised to produce this document to the immigration officer whenever you leave or enter united kingdom (which made sense at the time if we were abotu to leave EU, i figured this was just supplementary paper work to my EU passport)

The 'id' itself says residence documentation, Certifying Permanent Residence.

Then at the back you got the stuff that says it permits me to work, travel, study and live in uk, and ' Generalyl after 5 years of residence in UK excercising a treaty right a national of an EEA state becomes permanent resident and may request document certifying permanent residence. There are no restrictions to activities mentioned above.

What you quoted above then changed with Brexit. Hoping the explanation and evidence you provided suffices and ends in good outcome for you.

An application can still be made for late applicant, provided the delay in applying can be explained.

The treaty provides for late late applications with reasons.

See also Good news for EU citizens making late applications for post-Brexit residence rights

vinny wrote: ↑

Wed Feb 09, 2022 11:36 pm

See also Good news for EU citizens making late applications for post-Brexit residence rights

That helps a bit thanks! I did get a receipt so far that they got it, but otherwise still waiting.
I wonder how it works with travel. I've got plans to visit family but they know nothing about it so far to not worry them.

kasia88 wrote: ↑

Thu Feb 10, 2022 8:31 am

I wonder how it works with travel.

As it has been repeated many times here, unlike all other applications under UK rules, applications under the EU Settlement Scheme are NOT cancelled or withdrawn just because the applicant travels abroad. In other words, travel is allowed after application and before a decision is made. See this post.

Of course, the onus is on you to prove you have the right to re enter the UK when returning! That's the real caveat when traveling.

kamoe wrote: ↑

Thu Feb 10, 2022 9:45 am

kasia88 wrote: ↑

Thu Feb 10, 2022 8:31 am

I wonder how it works with travel.

Of course, the onus is on you to prove you have the right to re enter the UK when returning! That's the real caveat when traveling.

That's my concern, so not sure if I wanna risk any hiccups while I wait.