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EEA Extended Family Member - Apply for BRC or directly to EUSS?

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  • ANSWERED EEA Extended Family Member - Apply for BRC or directly to EUSS?

    Hello,
    I am an EEA dual national (French & Australian Citizen) living in the UK since July 2019.
    My unmarried partner of 5 years is an Australian citizen only.
    I entered the UK July 2019 with my Australian passport with a two year Tier 5 Youth Mobility Visa, along with my partner who also holds a Tier 5 Youth Mobility Visa. This visa has provided us with a Biometric Residence Permit (BRP).
    I have since applied and been granted pre-settlement status with my French passport.

    My partner is hoping to apply for a Biometric Residence card (BRC) as an extended family member of an EEA national (unmarried partner), with the aim to apply for Pre-settlement status also.

    My questions/concerns are the following;

    1) Can we apply directly to the EU Settlement Scheme, without the need to apply for a BRC? (i.e. once the biometric centres open, book an appointment and then provide evidence of our relationship etc at the appointment?)
    2) I am concerned the deadline to apply for Biometric Residence card (being end of 2020) is not long enough to be approved and then apply for pre-settlement?

    Thank you in advance for any help!

  • #2
    Originally posted by oppositeofadult View Post
    Hello,
    I am an EEA dual national (French & Australian Citizen) living in the UK since July 2019.
    My unmarried partner of 5 years is an Australian citizen only.
    I entered the UK July 2019 with my Australian passport with a two year Tier 5 Youth Mobility Visa, along with my partner who also holds a Tier 5 Youth Mobility Visa. This visa has provided us with a Biometric Residence Permit (BRP).
    I have since applied and been granted pre-settlement status with my French passport.

    My partner is hoping to apply for a Biometric Residence card (BRC) as an extended family member of an EEA national (unmarried partner), with the aim to apply for Pre-settlement status also.

    My questions/concerns are the following;

    1) Can we apply directly to the EU Settlement Scheme, without the need to apply for a BRC? (i.e. once the biometric centres open, book an appointment and then provide evidence of our relationship etc at the appointment?)
    Hello,

    Unlike spouses, who are regarded as close family members, unmarried partners are regarded as extended family members. This means they need a document issued under the EEA rules, such as an EEA family permit or a BRC (EEA EFM).

    If you look here: Spouses, civil partners and unmarried partners

    ..you'll see:

    Evidence for unmarried (durable) partners

    A relevant document issued on the basis of that relationship, such as a residence card or a family permit (EEA FP) is required
    ; and

    Evidence of living together over the last two years, such as:

    Bank statements or utility bills in joint names at the same address;
    Residential mortgage statement or tenancy agreement in joint names;
    Official correspondence that links you at the same address;
    Evidence of joint finances or business such as tax returns, business contracts or investments;
    Evidence of joint responsibility for a child, such as birth certificate which names both parents or a custody agreement showing that you’re living together and sharing parental responsibility.

    Originally posted by oppositeofadult View Post
    2) I am concerned the deadline to apply for Biometric Residence card (being end of 2020) is not long enough to be approved and then apply for pre-settlement?

    Thank you in advance for any help!


    It would be much worse if you applied directly without the BRC, as the application is likely to be refused on eligibility grounds due to the lack of an EEA document, and they Home Office often does sit on these applications for months rather than refusing them quickly.

    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
      I have just sent an email to the Home Office EUSS team asking about this, whether they would still accept an EEA BRC next year for an application for an extended family member submitted before the end of June EUSS deadline.

      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
        Site Admin, thank you kindly for your response - and your action to email the Home Office team.
        I did have a feeling it would not be the best to apply directly to the EUSS. Okay, I think my partner will apply as soon as possible for a BRC.

        In addition did have one other question/concern regarding the deadline for applying for the BRC, being the following;
        1) If my partner were to send off an application ASAP for a BRC, and the processing took months and was not completed until after December 31st 2020 - would the Home Office still issue out a BRC beyond the deadline date? As a residence card will not be valid after 31 December 2020, however, the application was submitted prior to the deadline.

        Apologies for the additional question.

        I have been hoping to hear of an extension window due to coronavirus, but it seems unlikely.
        Thank you very much for your assistance

        Comment


        • #5
          Originally posted by oppositeofadult View Post
          Site Admin, thank you kindly for your response - and your action to email the Home Office team.
          Morning,

          I received a response to say they've passed it on to a senior caseworker.


          Originally posted by oppositeofadult View Post
          I did have a feeling it would not be the best to apply directly to the EUSS. Okay, I think my partner will apply as soon as possible for a BRC.
          I have seen a number of refusals and not a single actual success with direct applications like this, despite the claims of some people on social media.

          Originally posted by oppositeofadult View Post
          In addition did have one other question/concern regarding the deadline for applying for the BRC, being the following;
          1) If my partner were to send off an application ASAP for a BRC, and the processing took months and was not completed until after December 31st 2020 - would the Home Office still issue out a BRC beyond the deadline date? As a residence card will not be valid after 31 December 2020, however, the application was submitted prior to the deadline.
          They should still issue the document, otherwise there would be very little point in accepting applications till the end of the year, since they don't get decided overnight.

          And this does tie in with my initial question to the Home Office, as there would also be little point in accepting applications till the end of the year when the documents issued would not be any use next year, despite the deadline to apply under EUSS being the end of June.

          I hope we get a positive response on this.


          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 oppositeofadult View Post
            Apologies for the additional question.

            I have been hoping to hear of an extension window due to coronavirus
            , but it seems unlikely.

            Thank you very much for your assistance


            You may be interested in the following, although not directly related to your query, it does relate to what you are saying above regarding and extension:


            On Wednesday 15 July MPs will discuss the effect of the Covid-19 pandemic on negotiations for a future UK/EU relationship. The debate has been scheduled by the SNP as an Opposition day debate.

            The start time of the debate will depend on other parliamentary business, but you can follow the House of Commons on Twitter @HouseofCommons, which will post updates when the debate starts.

            You will be able to watch the debate live here: https://parliamentlive.tv/Event/Index/4f0f903c-5dab-4736-9834-fb99c5cd6614

            A transcript will be published the following day here: https://hansard.parliament.uk

            What is an opposition day?

            Opposition days are days allocated in the House of Commons for the discussion of subjects chosen by the opposition (non-government) parties. On Opposition days the House considers a motion that has been tabled by an opposition party, in this case the SNP.

            It is open to the Government, or any MP, to propose amendments to the motion. Motions agreed on opposition days are not normally seen as binding on the Government.

            You can find out more about Opposition days here: https://commonslibrary.parliament.uk/research-briefings/sn06315/

            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


            • #7
              I hope we get a positive response on this.
              Thank you, I look forward to hearing the response from Home Office shortly.

              And it was very interesting to read about Opposition Day!

              Comment


              • #8
                Originally posted by oppositeofadult View Post

                Thank you, I look forward to hearing the response from Home Office shortly.

                And it was very interesting to read about Opposition Day!
                oppositeofadult I have some news for you that may interest you, I have received the following email from the Home Office in response to my enquiry regarding the validity of EEA residence cards:

                ...an applicant who is seeking to apply to the EU Settlement Scheme as an extended family member/durable partner, must first have had their relationship recognised and documented under the EEA Regulations.

                All documents that are issued under the EEA Regulations will now have an expiration date of 30th June 2021. This will enable those who obtain an EEA residence card as an extended family member to apply to the EU Settlement Scheme if they wish to do so before the 30th June 2021 deadline.

                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
                  Site Admin
                  That is excellent news to hear! Thank you so much for you help
                  Much appreciated

                  Comment


                  • #10
                    Originally posted by oppositeofadult View Post
                    Site Admin
                    That is excellent news to hear! Thank you so much for you help
                    Much appreciated
                    Happy to have made someone happy!

                    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
                      Site Admin - a follow up to this post, as my application has made a strange turn.

                      I had engaged a lawyer (listed on the UKCEN lawyer page) to help my partner prepare their application for a BRC as an extended family member (durable partner). The application was almost finished and ready to prepare, and suddenly this week I was advised by my lawyer for my partner to apply directly to the EUSS directly (and not apply for a BRC)

                      Previously (back in March 2020) it was not possible to do this through the iPhone app, as it did not proceed past the point of scanner her BRP.

                      We have (very unconvincingly) proceeded with this application directly - however are now stuck at the point of having no biometric appointments available.

                      Are you aware of any recent changes to the requirement of requiring a document proving relationship under EEA regulations for an unmarried partner to apply to the EUSS? My lawyer has said this has been a recent change due to Covid... however I am unable to see any evidence of this on UK GOV website? I am now very worried that this is the totally wrong path to take, once again!

                      Comment


                      • #12
                        Site Admin it may also be of interest that the following appears to be an addition on the UK Gov website (the final paragraph); If you’re their unmarried (durable) partner

                        You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EEA or Swiss citizen or person of Northern Ireland.

                        A relevant document here includes:
                        • a family permit
                        • a residence card

                        If you’re the unmarried (durable) partner of a person of Northern Ireland, you’re unlikely to have a relevant document.

                        If you do not have a relevant document, you must provide evidence of your relationship. The list below gives some examples of evidence you can provide. This list is not exhaustive and other forms of evidence may be accepted. Each case will be considered on a case by case basis.

                        EU Settlement Scheme: evidence of relationship - GOV.UK

                        Comment


                        • #13
                          Originally posted by oppositeofadult View Post
                          Site Admin - a follow up to this post, as my application has made a strange turn.

                          I had engaged a lawyer (listed on the UKCEN lawyer page) to help my partner prepare their application for a BRC as an extended family member (durable partner). The application was almost finished and ready to prepare, and suddenly this week I was advised by my lawyer for my partner to apply directly to the EUSS directly (and not apply for a BRC)

                          Previously (back in March 2020) it was not possible to do this through the iPhone app, as it did not proceed past the point of scanner her BRP.

                          We have (very unconvincingly) proceeded with this application directly - however are now stuck at the point of having no biometric appointments available.

                          Are you aware of any recent changes to the requirement of requiring a document proving relationship under EEA regulations for an unmarried partner to apply to the EUSS? My lawyer has said this has been a recent change due to Covid... however I am unable to see any evidence of this on UK GOV website? I am now very worried that this is the totally wrong path to take, once again!
                          Morning,

                          Just to clarify this, there has always been a requirement for extended family members and unmarried partners, to have a document issued under EEA rules, either a family permit or a residence card (BRC). This has been in the government guidance since the EUSS opened and COVID hasn't changed this one way or other.

                          I asked this question to the Home Office around two months ago and they confirmed it was required, I only asked because I saw a number of people claiming it was possible to apply without it but, in my experience, the EUSS were accepting the applications, sitting on them for months and then refusing them after a long time, and time is running out for unmarried partners and extended family members to apply for a document under EEA rules, as these applications will only be accepted till the end of the year.

                          I also asked the Home Office about residence cards, since they are supposed to stop being valid at the end of this year, they said they will be issued with an expiry date of end of June 2021 and will be acceptable for EUSS applications until then.

                          All this has come straight from the Home Office EUSS team. I hope this clarifies matters.

                          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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