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Travel to the UK with a pending application or a family permit

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  • Travel to the UK with a pending application or a family permit


    I asked a question to the Home Office regarding family members who applied from abroad, their response was as follows:

    Originally posted by EEA Applications said

    All EEA travellers can still enter the UK via the production of their valid passport or national identity card. EEA travellers are able to use eGates in order to gain entry into the UK if they are travelling on their passports as they were previously.

    Those EEA citizens and their family members who have made an “in time” application to the European Union Settlement Scheme (EUSS) which remains pending after the end of the grace period will continue to be protected by the Citizens’ Rights (Temporary Protection and Application Deadline) (EU Exit) Regulations 2020. This means that they will continue to have a right of admission until their application is finally determined, and will not require a grant of leave at the border nor will they need to await the issue of a COA.

    EUSS family permit holders may re-enter the UK as many times as they wish during the validity of their permit. Provided that they have applied to the EUSS before the date that their permit expires, they will continue to have their leave extended by virtue of section 3C of the Immigration Act 1971 until such point that their EUSS application is finally determined. In all cases, Border Force officers will be able to verify the existence of a pending application on Home Office systems, should they need to do so.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.


  • #2
    Please note that the above only refers to people who made an in-time application.

    What's an in-time application?

    EEA nationals who applied on the basis of their own residence in the UK before the end of 2020, and who submitted a valid EUSS application before the end of June 2021, either from inside the UK or from abroad, made an in-time application, even if their application is still pending after the end of June, so their rights of admission and residence are protected as above.

    EEA nationals who apply from outside the UK on the basis of their relationship with an EEA national who is eligible for, or has been granted, settled or pre-settled status can apply at any time, so their applications would be regarded as "in-time", even if submitted after the end of June 2021.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3

      Non-EEA nationals

      Non-EEA nationals can only apply on the basis of their relationship with an EEA national who is eligible for, or has been granted, settled or pre-settled status.

      They need to apply for a family permit from outside the UK and can't travel to the UK until they have the permit stamped on their passport.

      They need to travel to the UK while the permit is valid, if the permit has expired, they will need to re-apply for it.

      Non-EEA nationals entering the UK on a family permit have to apply for pre-settled status within three months of arrival.

      Non-EEA nationals need to wait until they get their pink biometric card (BRC) to travel. While an application under the EUSS is not affected if the applicant travels abroad, they would need to have a valid visa, such as a family permit, a BRC, or another valid status.

      Without a valid visa, permit, or card, non-EEA nationals will need to apply for a travel permit to return to the UK. The application is made using the same form as for the family permit: Link

      Some non-EEA nationals may be able to travel to the UK without a visa and enter the country using the e-gates, however, admission cannot be guaranteed.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Late applications

        Below is the response from the Home Office regarding people who made a late application under the EUSS:

        Originally posted by EEA Applications said
        As with citizens of countries elsewhere in the world, EEA citizens who have missed the 30 June 2021 deadline to apply to the EU Settlement Scheme, and do not have any other form of immigration leave, currently no longer have their rights protected, including access to benefits.

        However, a person granted status under the EU Settlement Scheme on the basis of a late application will have the same rights from the date that they are granted status, same as a person who had applied to the scheme by the deadline.

        Any person who travels outside of the UK whilst they have a “late” EU Settlement Scheme application pending proceeds to do so at their own individual risk and we cannot guarantee that they would gain automatic re-entry here. If opting to travel overseas a person should consider applying overseas for an appropriate visa aimed at facilitating appropriate re-entry to the UK, albeit you may wish to know that this matter is currently being reviewed by the Home Office with a view to our aiming to protect the rights of all those individuals who proceed to submit a “late” application to the EUSS refer to link below for confirmation. Temporary protection for more applicants to the Settlement Scheme - GOV.UK (Welcome to GOV.UK)
        This means people who made a late application haven't got rights of residence or admission until their application is decided, this is unlike those who made an in-time application as above.

        Also as noted above, applications made on the basis of family relationships are not late applications, even if they were made after the end of June, since the deadline did not apply to close family members living outside the UK.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Non EEA nationals travelling to other EU countries

          Having a right of residence in the UK does not mean you don't need a visa to travel to other countries.

          Pink biometric cards (BRCs) issued by the UK do not provide visa-free travel to other EU countries. This applies equally to the old EEA residence and PR cards and the new EUSS cards.

          Depending on your nationality, you may need a visa to travel to certain countries.

          Check the website of the country or countries you wish to travel to, to see what the visa requirements are, before booking your tickets.

          Most EU countries are part of the Schengen area, so a Schengen visa will allow travel to all of them while it's valid. However, not all countries are in Schengen, so you need to check with the individual countries. A Schengen visa will not be valid in non-Schengen countries.

          If you intend to visit one or more Schengen Countries in the course of a single trip, you must apply for a visa at the Consulate of the country that is your main destination (i.e. where you will stay longer). If, in the course of your trip, you will spend an equal amount of time in different countries, the visa MUST be requested at the Consulate of the first Schengen country you will be travelling to.

          The Schengen countries are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland.

          Some non-EEA nationalities do not need a visa to travel to most European countries as a visitor, however, most countries will expect to see evidence of intention to leave the country after a visit, such as return or onward ticket, and possible evidence of enough funds, etc. Check with the relevant authorities before travelling

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            Additionally regarding travelling when there is a pending 'in time' application for those who have applied in time and have not applied as family members:

            Pending applications made by the 30 June 2021 deadline


            Individuals who submitted an application to the EUSS by the deadline of 30 June 2021 have their existing rights protected until the application is decided. Rights are also protected where the outcome of any appeal against a decision to refuse status is pending.

            Anyone awaiting the outcome of their in-time application to the EUSS can evidence their rights with their Certificate of Application which is issued as soon as possible after a valid application is received.

            A Certificate of Application is accessible to view online, through the view and prove your immigration status service.

            You will have created a UK Visas and Immigration (UKVI) account when you made your application to the EUSS. To log in you will need your UKVI account credentials, details of the identity document you used when you made your application and access to either the phone or email account you used when you applied. From there you will be able to generate a share code that will give third parties, such as employers, time-limited access to view your status.

            If you are waiting for your Certificate of Application, the email acknowledging receipt of your application explains how prospective employers and landlords can request information about your right to work and rent from the Employer Checking Service and the Landlord Checking Service.

            If you have been notified that you have a digital Certificate of Application, the Border Force will be able to check your pending status automatically at the border using the documents registered, so your travel in and out of the country will not be affected while your application is being processed. Where necessary, you will be able to use the view and prove your immigration status service to evidence your pending status where this is required by others, such as carriers.

            Please do check the COVID-19 travel requirements as these operate in addition to the immigration requirements and may vary depending on where you live in the UK.
            Info from : EU Settlement Scheme: information for EU Settlement Scheme applicants (accessible version) - GOV.UK

            ****

            As said above to clarify what an 'in time' application means:

            What's an in-time application?

            EEA nationals who applied on the basis of their own residence in the UK before the end of 2020, and who submitted a valid EUSS application before the end of June 2021, either from inside the UK or from abroad, made an in-time application, even if their application is still pending after the end of June, so their rights of admission and residence are protected as above.

            EEA nationals who apply from outside the UK on the basis of their relationship with an EEA national who is eligible for, or has been granted, settled or pre-settled status can apply at any time, so their applications would be regarded as "in-time", even if submitted after the end of June 2021.

            I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment

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