Entering the UK with a Dutch refugee passport

[toraqa]

Hi,

I have an enquiry about re-entering the UK with a pre SS.

Can i enter the UK with a valid pre SS and a refugee passport issued by the Netherlands?

My pre SS is valid until 2025 , I've been out of the UK for 12 months, my passport has expired, I've sought and granted asylum in Netherlands, I've been issued a refugee passport and I'd like to come visit my family here in the UK for few weeks.

what do you advise me to do?

Thanks.

[kamoe]

In one of your previous posts you declare that you, your EU wife, and your child, have all obtained British citizenship. Can you please clarify?

[toraqa]

In one of your previous posts you declare that you, your EU wife, and your child, have all obtained British citizenship. Can you please clarify?

Asking for a friend

[kamoe]

In one of your previous posts you declare that you, your EU wife, and your child, have all obtained British citizenship. Can you please clarify?

Asking for a friend

Please specify next time when that's the case.

[kamoe]

Can i enter the UK with a valid pre SS and a refugee passport issued by the Netherlands?

In principle yes, since Pre-Settled Status is not lost and is still valid with an absence of less than 2 years, so as long as the current Netherland-issued passport is valid, this could work, but...

My pre SS is valid until 2025 , I've been out of the UK for 12 months, my passport has expired, I've sought and granted asylum in Netherlands, I've been issued a refugee passport and I'd like to come visit my family here in the UK for few weeks.

...This does not make much sense to me. According to europa.eu:

Asylum is a form of international protection given by a state on its territory. It is granted to a person who is unable to seek protection in his/her country of citizenship and/or residence, in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

On what basis was your friend granted Asylum in a EU country, when they already had Pre-Settled status in the UK (meaning UK was their last country of residence)?

I'm thinking the same question could be asked at border control.

[toraqa]

Asylum is a form of international protection given by a state on its territory. It is granted to a person who is unable to seek protection in his/her country of citizenship and/or residence, in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

On what basis was your friend granted Asylum in a EU country, when they already had Pre-Settled status in the UK (meaning UK was their last country of residence)?

I'm thinking the same question could be asked at border control.
[/quote]

Because of Brexit, the UK is no longer participant in
Dublin III Regulation

[toraqa]

The idea behind my question is: Does the UK accept the Netherlands issued refugee travel document at the border?

Also does my friend have to update their pre SS info online?

P.s my friend still has their expired passport to which the pre SS was linked.

[kamoe]

Because of Brexit, the UK is no longer participant in
Dublin III Regulation

My comment has nothing to do with Brexit. I would have raised the same question if your friend had a residence status in a non-EU country, like the US, Canada, or Australia.

My point is, on what basis did they get refugee status in a country, EU or otherwise, when they already had secured residency in another country, EU or otherwise, were they cannot claim they are "unable to seek protection (...) for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion."?

[kamoe]

The idea behind my question is: Does the UK accept the Netherlands issued refugee travel document at the border?

In principle I would think they do, but the border control officer might go... "Hang on a second, how come they are a refugee in one country when having Pre-Settled Status in another?" and might start asking further questions.

I am not raising the issue just to annoy your friend, but to prepare them for an eventual grilling at the border.

Also does my friend have to update their pre SS info online?

P.s my friend still has their expired passport to which the pre SS was linked.

Putting the refugee thing aside, then yes, they need to update the info. They need to show the document that is attached to the status. Not sure whole the whole situation is compatible with a refugee passport.

[secret.simon]

Can i enter the UK with a valid pre SS and a refugee passport issued by the Netherlands?

In principle yes, since Pre-Settled Status is not lost and is still valid with an absence of less than 2 years, so as long as the current Netherland-issued passport is valid, this could work, but...

I'm not convinced that Pre-settled status is lost only after an absence of more than two years.

What is certain is that continuous residence for the purpose of Settled Status is definitely broken after an absence from the UK of more than six months.

See in particular these points below from an article on FreeMovement that is very pertinent to this discussion.

Lengthy absences from the UK can put EU settled status at risk

4 - Pre-settled status is only lost through two years of absence from the UK, but this is a red herring, for the reasons explained above.
5 - The right to upgrade from pre-settled status to settled status is lost if the continuous qualifying period is broken and the person returns to the UK after 31 December 2020.

On a different note, statuses under the EU Settlement Scheme seem to be linked to the travel document. Some people have reported issues after changing/updating their travel documents.

[kamoe]

I'm not convinced that Pre-settled status is lost only after an absence of more than two years.

Why? The OP is not asking their friend's eligibility for Settled Status, but their ability to simply enter the UK on one particular occasion after breaking their continuous residence.

What is certain is that continuous residence for the purpose of Settled Status is definitely broken after an absence from the UK of more than six months.

Yes, I agree, that is certain. But that does not mean they cannot just visit... assuming there are no issues re. the asylum situation. In my view their requesting asylum in the Netherlands while already having status in another country (EU or non-EU doesn't matter) is going to be questioned. Deeply.

In that sense, having broken their continuous residency is the least of their worries.

On a different note, statuses under the EU Settlement Scheme seem to be linked to the travel document. Some people have reported issues after changing/updating their travel documents.

Yep, agreed. That's what I meant when I said they should update the info, i.e. link their status to their new passport (not sure if at all that is possible with a refugee passport?). You beat me to include that link.