EUSS Travel Permit or BRP replacement visa?

[speedboatchase]

Hi everyone. Hope someone can help out because it has been a very rough past few days for me and my wife.

I'm an Irish citizen living in the UK for the past four years with my wife, who is from India. She had been on a spousal visa with a Biometrics Residence Card during this time. We travelled to Rome last week and on Saturday, her backpack that contained her Indian passport and BRC was pickpocketed.

We immediately filed a police report and since it was the last day of our trip, I had to travel back to the UK (to pick up our first pet the next day) and she had to wait until yesterday to visit the Indian embassy. The only option she was told was to travel to India using a one-way emergency passport (also issued yesterday), re-apply for a new passport in India, and once received, re-apply for an 'EU Settlement Scheme travel permit' (https://www.gov.uk/euss-travel-permit) since her BRC was stolen outside the UK.

My wife is currently travelling to India (and will be based in Chennai) to begin all these arrangements, which could take many weeks. So, if anyone could help out with the below general Qs, that would be amazing:

1. Is there any instance of something similar happening among users and if so, what did you do?
2. Are we right in assuming that this is the right permit to pursue once the new passport is issued?
3. Are there any ways that people recommend for VFS to expedite both processes? For example, until literally a few days ago, my wife was in the UK system on her spousal visa - does she really have to start over?

Thanks.

[meself2]

For example, until literally a few days ago, my wife was in the UK system on her spousal visa - does she really have to start over?

She is still in the system - it's not like her details were mysteriously.gone after the event. She just needs something to provide airline/immigration authorities with to show she is legally able to travel to UK.

[speedboatchase]

Once the BRC was stolen, my wife had to respond and received the below email:

Thank you for reporting that your biometric residence permit (BRP) has been lost or stolen. We will now cancel your BRP and it can’t be reactivated.

To return to the UK you must apply for a Replacement BRP visa. More information can be found on the GOV.UK website.

You should not make arrangements to travel back to the UK until you receive your replacement BRP visa.

As per the above, it sounds like a process that has to begin all over again.

[AmazonianX]

Once the BRC was stolen, my wife had to respond and received the below email:

Thank you for reporting that your biometric residence permit (BRP) has been lost or stolen. We will now cancel your BRP and it can’t be reactivated.

To return to the UK you must apply for a Replacement BRP visa. More information can be found on the GOV.UK website.

You should not make arrangements to travel back to the UK until you receive your replacement BRP visa.

As per the above, it sounds like a process that has to begin all over again.

Understand how distraught it is, it is a drawn out process too though not like beginning again on spouse visa as its the replacement BRP needed here.

[speedboatchase]

So, on this matter, I've done a LOT of Googling and starting to get a little confused. On this link - admittedly aimed at students: https://www.exeter.ac.uk/students/inter ... utyourbrp/
- it mentions the below:

Applying for a single entry replacement BRP visa
Click on the link to apply for a single entry replacement BRP visa. If you are presented with a page that asks you to select a language, select your language, then select BRP Vignette Transfer then follow the instructions below.


Am I correct in thinking that my wife should apply for BRP Vignette Transfer rather than a replacement BRP visa, or is the former impossible because the card was stolen? These are two separate options on GOV.uk here: https://visas-immigration.service.gov.uk/next

However, this link - https://immigrationbarrister.co.uk/lost ... to-do-now/ - seems to imply that the vignette and visa are the same thing?

[CR001]

A BRP (UK immigration rules) is not quite the same as a BRC (EU family member).

What exactly does your spouse hold?

The term "spouse visa" applies and means a 2.5 year visa under the UK immigration rules at a substantial cost and Immigration health surcharge fees.

EU family member or pre settled status is free and issued under the EU rules.

[speedboatchase]

Sorry, my spouse holds (or held) a BRC becauase I'm an EU national. It read:

NAME - XXXX
VALID UNTIL - NOV 2024
PLACE AND DATE - XXXX
TYPE OF PERMIT - FAMILY MEMBER - EU RESIDENCE
REMARKS - WORK PERMITTED

[CR001]

Then she needs to apply for a EU family permit, it will be valid for 6 months as far as I understand it.

You cannot apply for a replacement brc from abroad.

Presumably she has digital pre-settled status? Would have been easier to enter the UK from Europe with her digital EU pre settled status than it will be from India.

[meself2]

Since OP's wife is Indian, it'll require them a visa to get to most, if not all, European countries - not sure how feasible is that. They do have a right to apply as a family member of EU citizen, but it's usually by appointment and takes time as well.

They can technically try to bank on their marriage with EU citizen (OP) to travel to Ireland/any other EU country of OP's choice where OP will go, joining them, and go to Ireland from there, but it would be immensely complicated to explain at the check in counter.

[Ticktack]

OP's wife is/was already in the Schengen area, so no problems moving around. The key problem here is that she lost her passport as well.

Without her passport, she can't board a flight, train, or boat out of the Schengen area. Not even drive to the UK or Ireland.

Her country could've mitigated the stress by issuing a replacement passport, but all they've done is to issue a travel document and send her back to India. Not sure there was/is another way around this.

The first solution is to get a new passport. only after this can a BRC come into play.

[speedboatchase]

Thanks, everyone. Yes, so my wife is beginning the new passport application tomorrow, in person in India. Once complete, we will start the permit process. So the things we're trying to find out are:

1. Can we fast-track the passport process? We could be wrong, but it seems as though the Tatkal Service to fast-track only applies if you have your previous passport in hand and are updating it.
2. What is the exact permit we then need, and can that be fast-tracked too?

[meself2]

OP's wife is/was already in the Schengen area, so no problems moving around.

True, but I was going off the reasonable assumption she has to leave it in order to get a new passport.
My country is the same (return permit only or wait for several months for a new passport to be issued , violating Schengen visa conditions) and don't think there's a way to circumvent going back to home country.

No experience or knowledge from me to answer the first question about Indian passport service.

What is the exact permit we then need, and can that be fast-tracked too?

https://www.gov.uk/euss-travel-permit and no, can't be fast tracked; no decision timeline either.

[speedboatchase]

This is such a tricky one. According to this GOV.uk link, an EUSS Travel Permit application will be voided if (from Page 12): https://assets.publishing.service.gov.u ... ermits.pdf

(in relation to an application for an EUSS family permit only) the applicant has been granted settled status or pre-settled status under the EUSS which has not lapsed or been cancelled, curtailed, revoked or invalidated.

My wife's BRC was stolen and cancelled, but her pre-settled status still exists. So... what is the right permit?

[meself2]

This is such a tricky one. According to this GOV.uk link, an EUSS Travel Permit application will be voided if (from Page 12): https://assets.publishing.service.gov.u ... ermits.pdf

(in relation to an application for an EUSS family permit only) the applicant has been granted settled status or pre-settled status under the EUSS which has not lapsed or been cancelled, curtailed, revoked or invalidated.

My wife's BRC was stolen and cancelled, but her pre-settled status still exists. So... what is the right permit?

From your own quote:

(in relation to an application for an EUSS family permit only)

Your wife will be applying for a travel permit, not family permit.

[speedboatchase]

Apologies. So many permits and acronyms.

[speedboatchase]

Hi everyone. I recently made a post about how my non-EAA wife - who has pre-settled status in the UK with me, an Irish citizen, had her passport and BRC stolen outside the UK recently.

Thankfully, a few weeks later my wife has in her possession a new Indian passport, which she applied for within India, where she currently remains.

We've been getting some conflicting information about re-entering the U.K. Does she need an EUSS Travel Permit or a BRP replacement visa? The automated email she got when she reported her BRC missing advised that she would have to apply for an EUSS Travel Permit. But when we called the EU Settlement Scheme helpline this weekend, one agent said she wouldn’t need a visa at all (which doesn’t make any sense to us) and another said she’d have to apply for a BRP replacement visa.

What is the exact visa she requires to re-enter the UK?

Can anyone please assist? We want to make sure that we're not going ahead with a three-week process that ultimately ends with her being told she chose the wrong visa. Thanks.

[CR001]

This is such a tricky one. According to this GOV.uk link, an EUSS Travel Permit application will be voided if (from Page 12): https://assets.publishing.service.gov.u ... ermits.pdf

(in relation to an application for an EUSS family permit only) the applicant has been granted settled status or pre-settled status under the EUSS which has not lapsed or been cancelled, curtailed, revoked or invalidated.

My wife's BRC was stolen and cancelled, but her pre-settled status still exists. So... what is the right permit?

From your own quote:

(in relation to an application for an EUSS family permit only)

Your wife will be applying for a travel permit, not family permit.

Already answered.

Note, she does NOT hold a BRP so cannot apply for a BRP replacement visa vignette. BRPs are issued under domestic UK immigration rules, not the EU route rules which is a BRC.

[speedboatchase]

This is such a tricky one. According to this GOV.uk link, an EUSS Travel Permit application will be voided if (from Page 12): https://assets.publishing.service.gov.u ... ermits.pdf

(in relation to an application for an EUSS family permit only) the applicant has been granted settled status or pre-settled status under the EUSS which has not lapsed or been cancelled, curtailed, revoked or invalidated.

My wife's BRC was stolen and cancelled, but her pre-settled status still exists. So... what is the right permit?

From your own quote:

(in relation to an application for an EUSS family permit only)

Your wife will be applying for a travel permit, not family permit.

Already answered.

Note, she does NOT hold a BRP so cannot apply for a BRP replacement visa vignette. BRPs are issued under domestic UK immigration rules, not the EU route rules which is a BRC.

The EU SS Travel Permit link on GOV.uk (https://www.gov.uk/euss-travel-permit) ultimately leads to two options - 'A replacement biometric residence permit (BRP) visa' or a 'To transfer or replace your visa (vignette)'.

There is no option to replace a BRC because you are just sent from this link (https://www.gov.uk/uk-residence-card/re ... %20details) to the above link and given those two choices. Hence the confusion.