Indefinite Leave to Remain - EU Settlement Scheme

[pclaper]

Hello everyone,
I hope you are able to help me.

I've been granted Indefinite Leave to Remain when applying under the EU Settlement Scheme.

I have now a few questions:

1. I didn't receive any card showing my new status. My current biometric residence permit card (EU Family member) is still valid until March 2022 and I've read on Gov.UK in this session:
https://visas-immigration.service.gov.u ... 1636928202

Update, replace or transfer your biometric residence permit (BRP)

If your BRP has less than 3 months validity you may want to replace it now if you need to prove your right to work or rent or you are travelling outside the UK.

You do not need to apply for a replacement BRP if you currently have an application with the Home Office for further leave to remain or indefinite leave to remain.

My question is: Do I need to apply for a new card? I'm probably going away in February 2022 and only back after March 2022, when my card will be already expired so Im guessing I should indeed apply for a new one before I travel correct?

2. What are my next steps in terms of applying for citizenship?

Summary:
Arrived in the UK (from Brazil): Jan 2010 on a Tier 4 visa

May 2011 - valid until May 2013: Post study working

April 2013 - valid until May 2016: Tier 2 general company 1

Jan 2014 - valid until Jan 2017: Tier 2 general company 2

Mar 2017 - valid until Mar 2022: Family Member EU

May 2021 - Granted Indefinite Leave to remain under EU Settlement Scheme


Thank you very much for all your help.
Best wishes,
Patricia

[zimba]

you want to upgrade your BRC issued under the EEA regulations to a BRC issued under the EU Settlement Scheme

Apply for a new BRP

[pclaper]

Thank you!

However what I have now is a BRP - Biometric Residence Permit. Should I apply for a BRC then (not another BRP correct?) Considering I have now Indefinite Leave?

[zimba]

Thank you!

However what I have now is a BRP - Biometric Residence Permit. Should I apply for a BRC then (not another BRP correct?) Considering I have now Indefinite Leave?

Well, to be accurate the BRC is now discontinued. UKVI only issues BRPs now. You need to get a new one.

[pclaper]

Hello again!

So yesterday I've applied to the new card and this is the email I received. Can you please help?

Before applying I've contacted the Home Office via email and this is what they replied:

Dear xxxxxx

Thank you for your email enquiry dated 18 November 2021 regarding the result of your application.

We understand you have been granted Settled Status and would like to know if you will now get a new biometric residence card (BRC).

As your BRC was valid when your application was made you would not automatically receive a new one, as your BRC continues to be valid.

You can apply for a replacement BRC as you have been granted Settled Status under the EU Settlement Scheme (EUSS). If you have not done so already, please see the link below:
https://visas-immigration.service.gov.u ... 1568710527

Please be advised that you only need to replace your BRC issued under the EEA Regulations if you intend to travel outside of the United Kingdom, as you can continue to rely upon your digital status to prove your right to stay, work or study in the United Kingdom.

If your BRC has expired, you can still prove your rights in the UK using your status via the online portal:
https://www.gov.uk/view-prove-immigration-status



The rejected email is here:

Good Morning, Ms xxxxx


REF: Unique Application Number

Thank you for your application to exchange your biometric residence card (BRC) issued under the EEA Regulations for a biometric residence card under the EU Settlement Scheme.

Unfortunately you have provided incorrect information on the application in that you advise that you have been granted settled status, however, you are awaiting a decision for leave under the EU Settlement Scheme.
I regret to advise your recent application has therefore been rejected. This cannot be re-instated.
What you need to do next:

Contact Sopra Steria and cancel any biometric enrolment appointment you have made with them. If you attend any appointment made in connection with your existing application any information provided and biometrics you enrol cannot be used in connection with any other application, you make. You can contact Sopra Steria using the link https://www.ukvcas.co.uk/contact-us
Please do not reply to this email as we are unable to assist you further in this regard. Any such further emails will not be replied to.

Kind regards


BRCE (RC) Team


I'm so confused!

[zimba]

Do you have settled status or not ? It seems they think you have a pending application which has not been granted

[kamoe]

I've been granted Indefinite Leave to Remain when applying under the EU Settlement Scheme.

From the way you word this seems like you just recently applied but haven't received an official outcome letter. At the end of the application the system does tell you if it looks like you might be eligible for Settled Status (along the lines of "our records indicate that you have over 5 years of continuous residence in the UK") that does NOT mean they have already granted that status to you!

So... what is it? Have you received an official outcome letter telling you the result of your application? This usually coms in an email with subject "Your EU Settlement Application (UAN:XXXX-XXXX-XXXX-XXXX)", and and attached PDF outcome letter named StatusOutcome date.pdf. that statrs like this:

Dear YOUR NAME,
I am pleased to inform you that your application under the EU Settlement Scheme has
been successful and that you have been granted Indefinite Leave in the United
Kingdom under paragraph EU2 of Appendix EU to the Immigration Rules . This is also
referred to as settled status."

Or are you just telling us what the system told you onscreen right after you applied?

[vetchololass87]

Hi Kamoe

Based on his timeline BELOW
Mar 2017 - valid until Mar 2022: Family Member EU
May 2021 - Granted Indefinite Leave to remain under EU Settlement Scheme

I think his application will be rejected, it has not been 5 years from Mar 2017/May 2021.

Thanks

[kamoe]

Hi Kamoe

Based on his timeline BELOW
Mar 2017 - valid until Mar 2022: Family Member EU
May 2021 - Granted Indefinite Leave to remain under EU Settlement Scheme

I think his application will be rejected, it has not been 5 years from Mar 2017/May 2021.

Thanks

Generally speaking, members should leave it to the OP to answer questions related to their particular circumstances. We all want to help, but please keep in mind that answering a question for someone else can lead to confusion. Most people don't check if whoever is answering is actually the OP.

That being said, applying before completing the 5 years does not mean the application will be rejected. It only means the applicant will get Pre-Settled instead of Settled Status.

But the real issue here is not wether the OP sill get Settled or Pre-Settled Status, the issue is wether the OP has already received an official outcome letter, or if they have simply applied and are awaiting for it. Again, it is up to the OP and only the OP to clarify that.