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EEA Family Permit and Pre-settlement surname Chaos may interrupt travelling back the UK

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  • Info required EEA Family Permit and Pre-settlement surname Chaos may interrupt travelling back the UK


    Hi all,

    I have a non-EU friend who has pre-settled status. Before having pre-settled status, she has got EEA family permit and BRP and BRC issued against EEA FP which still has the time to expire. She renewed her passport and changed her maiden surname on passport due to the marriage. And pre-settlement is given based on new passport with post-marriage surname but HO's never issued any BRP or BRC for EU pre-settlement. BRP and BRC she has from EEA FP all have maiden surname on them. Lastly she has old passport that they can show if it's requested where she has maiden surname on.

    Can she travel to the UK with these cards with maiden surname on them? Or does she need to apply for a BRP replacement visa in the country she is in now? Actually I don't think that there will be any problem with the UK passport officer but she phoned ground services of the airport to find out if she can be denied on boarding due to surname differences on passport and BRP/BRC however she got some negative response from the airport.

    They are trying to reach out HO but it's impossible now. We have already sent a paid email and waiting for response. We really appreciate your valuable comments on this situation.

    Thanks in advance!

  • #2
    Originally posted by TundB View Post
    Hi all,

    I have a non-EU friend who has pre-settled status.
    Morning,

    It's always easier to communicate directly with the person involved, so why don't you ask your friend to join our forum?

    Originally posted by TundB View Post
    Before having pre-settled status, she has got EEA family permit and BRP and BRC issued against EEA FP which still has the time to expire.
    I'm not sure I understand this, the EEA family permit was only a visa to travel to the UK to be able to apply for pre-settled status, and the EEA permits (as opposed to the EUSS permits) are no longer valid after the end of June, regardless of what date is printed as the expiry date. In general, all EEA permits were issued with an expiry date no later than the end of June.

    Or maybe you are referring to having an EEA Residence Card, that's a pink BRC issued under EEA rules, normally valid for 5 years, as opposed to a family permit which are normally only valid for 6 months. BRPs are a different document, even though they look much the same, the main difference is that they have the word PERMIT printed on top while BRCs have the word CARD instead. This may not sound like much but, in fact, the documents are issued under very different rules, BRPs are issued via other immigration routes and not to family members of EU nationals.

    If she had an EEA BRC, she could have used this to apply for pre-settled status using the EU Exit app, without doing biometrics, so she wouldn't have received a new BRC and her pre-settled status would be linked to her EEA BRC which could be used till its printed expiry date.


    Originally posted by TundB View Post
    She renewed her passport and changed her maiden surname on passport due to the marriage. And pre-settlement is given based on new passport with post-marriage surname but HO's never issued any BRP or BRC for EU pre-settlement. BRP and BRC she has from EEA FP all have maiden surname on them. Lastly she has old passport that they can show if it's requested where she has maiden surname on.
    This is where it gets a bit confusing, since you are saying her pre-settled status was linked to her passport but she never got a new BRC. This isn't how it works, she must have got her pre-settled status linked to her BRC and not her passport. And she couldn't have both a BRP and a BRC, unless she previously had status under another route, such as a student visa, etc. where you'd get a BRP, but this other status would have been overriden by her pre-settled status.

    So you can see how it's easier to communicate directly with the person in question, as there are too many questions that come to mind.


    Originally posted by TundB View Post
    Can she travel to the UK with these cards with maiden surname on them?
    I'm not sure what cards she has, so I can't really tell you, as you mention more than one card, and I can't see how she would have more than one.


    Originally posted by TundB View Post
    Or does she need to apply for a BRP replacement visa in the country she is in now?
    BRP replacement visa is only for people who had a BRP and lost it, not for people who have a BRC, as I said above, they are different documents even when they look very similar, and you can't apply for a replacement visa for a BRC, only for a BRP.


    Originally posted by TundB View Post
    Actually I don't think that there will be any problem with the UK passport officer but she phoned ground services of the airport to find out if she can be denied on boarding due to surname differences on passport and BRP/BRC however she got some negative response from the airport.
    I should think this is more to do with the specific airline rather than the airport as a whole, since it's the staff working for the airline who will check her documents rather than the airport staff.


    Originally posted by TundB View Post
    They are trying to reach out HO but it's impossible now. We have already sent a paid email and waiting for response. We really appreciate your valuable comments on this situation.

    Thanks in advance!
    I don't think the paid emails would be relevant for this purpose, they are usually to check on the progress of family permit applications. And as noted above, this isn't just a UK border control issue, it starts with the airline.

    I'm sorry I can't be more specific, but I'm not even sure what kind of document she has, that's why I said it would be better if she joined so she could post up a picture of the document.

    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
      Hi there,

      Thanks a lot for taking your time and reply with a detailed response. I am dealing this as I am the one helping her so far to as she doesn't have sufficient English.

      I am attaching the cards that she have at the moment but these have maiden surname on them which still valid up until 2022. Both of these cards are issued at the same time when she applied for EEA Permit in the UK.

      First she applied for EEA family permit to enter into the UK which you are right about 6 months expiration time. Then she applied for EEA BRP and BRC to stay in the country which has 5 years expiration. All of these done with old passport which has maiden surname on them as she didn't renewed the old passport after marriage.

      Pre-settlement is given against these cards with maiden surname. Then she renewed her passport as it expired where she had a post-marriage surname on. Right after passport renewal she sent her new passport to HO to change her surname which has been completed and can be seen on Settlement Status Check page of GOV.UK. Before sending out her new passport she could check her status with the number on BRC but after sending her new passport, now she can check her status with passport number only.

      After all of these processes, HO has never sent any replacement BRP or BRC whatever they issue for EU Settlement Scheme.

      First problem; EU Settlement Scheme - Pre-settlement Status cannot be seen on these currently held BRP and BRC.
      Second problem; These BRP and BRC have a maiden surname on them, so new passport is not matching with these cards which she think will avoid her boarding to the flight.

      She has actually spoken to that specific airlines ground officers who says she might be denied on boarding due to the surname differences even though she has both old and new passport.

      This is the reason she is planning to apply for BRP replacement visa which can show right residence status and surname on it.

      I hope I made it clearer now.

      Thanks,

      Last edited by TundB; 02-09-2021, 10:25 AM.

      Comment


      • #4
        Originally posted by TundB View Post
        Hi there,

        Thanks a lot for taking your time and reply with a detailed response. I am dealing this as I am the one helping her so far to as she doesn't have sufficient English.

        I am attaching the cards that she have at the moment but these have maiden surname on them which still valid up until 2022. Both of these cards are issued at the same time when she applied for EEA Permit in the UK.

        First she applied for EEA family permit to enter into the UK which you are right about 6 months expiration time. Then she applied for EEA BRP and BRC to stay in the country which has 5 years expiration. All of these done with old passport which has maiden surname on them as she didn't renewed the old passport after marriage.

        Pre-settlement is given against these cards with maiden surname. Then she renewed her passport as it expired where she had a post-marriage surname on. Right after passport renewal she sent her new passport to HO to change her surname which has been completed and can be seen on Settlement Status Check page of GOV.UK. Before sending out her new passport she could check her status with the number on BRC but after sending her new passport, now she can check her status with passport number only.

        After all of these processes, HO has never sent any replacement BRP or BRC whatever they issue for EU Settlement Scheme.
        Hello again,

        Thanks for the clarification. As the BRCs are still valid till next year, I'm assuming your friend applied with the card using the EU Exit app rather than doing biometrics, in this case, the status would be linked to the BRC and no new BRC would be issued unless a separate application for an EUSS BRC was made.
        Originally posted by TundB View Post
        First problem; EU Settlement Scheme - Pre-settlement Status cannot be seen on these currently held BRP and BRC.
        When you say the status cannot be seen, what exactly do you mean? That your friend cannot log in and view their status using the numbers on the BRC? Can they log in using their passport number? Or what document is linked to the status?


        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
          Originally posted by TundB View Post
          Second problem; These BRP and BRC have a maiden surname on them, so new passport is not matching with these cards which she think will avoid her boarding to the flight.

          She has actually spoken to that specific airlines ground officers who says she might be denied on boarding due to the surname differences even though she has both old and new passport.

          This is the reason she is planning to apply for BRP replacement visa which can show right residence status and surname on it.

          I hope I made it clearer now.

          Thanks,
          Veera T (lawyer) Would you be able to comment on this situation of having a BRC in a different name from the passport?

          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
            Originally posted by TundB View Post
            Second problem; These BRP and BRC have a maiden surname on them, so new passport is not matching with these cards which she think will avoid her boarding to the flight.

            She has actually spoken to that specific airlines ground officers who says she might be denied on boarding due to the surname differences even though she has both old and new passport.

            This is the reason she is planning to apply for BRP replacement visa which can show right residence status and surname on it.

            I hope I made it clearer now.

            Thanks,
            Veera T (lawyer) Would you be able to comment on this situation of having a BRC in a different name from the passport?

            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


            • #7
              She doesn't want to take the risk of having denied boarding and today we spent around £250 and applied for BRP replacement visa. Let's see what will happen.

              Comment


              • #8
                Originally posted by TundB View Post
                She doesn't want to take the risk of having denied boarding and today we spent around £250 and applied for BRP replacement visa. Let's see what will happen.
                Afternoon,

                I'm afraid the application may be rejected as invalid, since the BRP replacement visa is for people who had a BRP rather than a BRC, BRPs are issued via non EU routes such as student and work visas, spousal visas, etc. but not under the EUSS, the key difference being that the document says PERMIT rather than CARD at the top.

                People who find themselves without a BRC abroad have to apply for a travel permit, which uses the same application as a family permit, it's a different type of visa.

                I have seen these applications rejected when the applicant had an EUSS BRC rather than a BRP, hopefully you will get a refund, as it's not a refusal but an invalid application if the applicant never had a BRP to start with.

                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


                • #9
                  Hi again,
                  I feel like I can’t explain myself very well. She has BRP and BRC. She has BOTH of them and I attached these as attachment on one my of responses above. So I don’t see any reason that she can’t have a BRP replacement visa. Secondly she has already got pre-settlement so I don’t think that she can get EUSS family permit.
                  Anyway we will see the outcome soon. Even though it’s not that complex situation we can get help from HO. HO can’t do their job properly and imigration system is here in the OK is down now which causes negative impact over people lives.
                  Thanks a lot.

                  Comment


                  • #10
                    Originally posted by TundB View Post
                    Hi again,
                    I feel like I can’t explain myself very well. She has BRP and BRC. She has BOTH of them and I attached these as attachment on one my of responses above. So I don’t see any reason that she can’t have a BRP replacement visa. Secondly she has already got pre-settlement so I don’t think that she can get EUSS family permit.
                    Anyway we will see the outcome soon. Even though it’s not that complex situation we can get help from HO. HO can’t do their job properly and imigration system is here in the OK is down now which causes negative impact over people lives.
                    Thanks a lot.
                    Afternoon,

                    I'm afraid I had a few days' leave earlier this week, when you posted the documents above. I have just seen that there are pictures of both a BRC and a BRP, and the BRP also refers to being an EU family member. I must say it's the first time I've seen a BRP issued to a family member of an EU national on the basis of the relationship, even the old EEA residence cards were also BRCs, just like the new EUSS ones. But if she does have a BRP then she should be eligible for the BRP replacement visa.

                    People who have pre-settled, or even settled status, but no BRC to prove it need to apply for a travel permit, which starts from the same form as the family permit.

                    If you look at page of the EUSS Family and Travel Permit, you'll see:

                    The EUSS travel permit provides those non-EEA citizens who hold valid leave under the EUSS, and who have reported to the Home Office that their biometric residence card has been lost or stolen or has expired whilst they are outside the UK, with an entry clearance which, together with a valid passport, will allow them to travel to the UK. Once in the UK, they can apply for a replacement biometric residence card.

                    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


                    • #11
                      TundB Out of interest, I note the BRC is an "old fashioned" EEA residence card, it says so on the bottom, however, both the BRC and BRP have the same expiry date in 2022. Did she receive both cards at the same time? Or did she, at some point, make an application for a replacement card? I'm still intrigued by the BRP issued as a family member of an EU national... I myself have a BRP, so I am familiar with the cards.

                      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


                      • #12
                        TundB Have you got this issue sorted or do you need further assistance from us?

                        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

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