Family members of EU Citizens stranded abroad despite having settled status in the UK

Families are being prevented from returning to the UK, despite having leave to remain through their (pre-) settled status. 

Family members of EU citizens in the UK who have settled status but are non-EU citizens are required to have Biometric Residence Cards (BRC) in order to travel. The lack of clear communication from the Home Office is leading to people being denied boarding and having dreadful experiences, leading to costly and lengthy stays away from their homes. 

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the3million have been in touch with two couples who have been stuck in Italy for over two months, unable to return to their home in the UK. If you would like to cover their stories, please get in touch with Communications Manager Andreea Dumitrache on [email protected] or 07955 875 808.
 
Luke Piper, Head of Head of Policy and Advocacy at the3million, the EU citizen's group, said:

“People are in dreadful situations, unable to return to their homes in the UK, because of a lack of clear, consistent communication from the Home Office. This has significant emotional and financial consequences. We are calling for the Home Office to clarify the rights of these people and give them the travel permits they urgently require.” 
 
Isabella* - Italian citizen with Settled Status and Jean* - Cameroonian citizen with Settled Status 
 
“Before Brexit, my husband had a Resident Card that we used with his passport to travel. This expired in February 2021 and we were told they don’t exist anymore. In November, we traveled to Italy for a one week holiday to visit my family. When we were on our way back, Jean* was refused boarding from British Airways - we were told he couldn’t travel back only with his passport. 
 
We contacted Immigration, the Embassy, but no one could tell us what he needs to re-enter. I was also told that if I leave him here, he’d be illegally in Italy and he could potentially be arrested.
 
When he checks his status online, it says he has the right to travel in and out of the country and doesn’t mention any card. 
 
Our two children are also with us. We are desperate. We’ve been stuck here for months and it’s had a significant impact on our family.” 
 
*Names have been changed. Individuals are happy to be identified and publicly share their stories. 
 
Emilia* - Italian citizen with Settled Status and Adam - Colombian citizen with pre-settled status
 
“In August my husband lost his residency card and reported it lost to the Home Office. In September we travelled from the UK to Greece and back without any problems, although he didn’t have any physical residency card with him. We had the scan of his residency card, the email proof of reporting it lost, his passport and pre-settled status logging in online. 
 
In October, we travelled to Italy together. On our way back, we were denied boarding by Ryanair. They said he didn’t have the physical residency card, so he wasn’t allowed to fly. 
 
We called UK immigration and were told he needed to apply for a BRP replacement visa. This turned out to be incorrect advice, so we lost the application fee and £400 for expediting processing. 
 
We called again the UK numbers for immigration and visas and the Home Office number for the EU Settlement Scheme and no one told us anything to help us understand what to do.
 
We were told to do something at a very high price and afterward through Facebook forums we found out about another travel document used in this cases called “EUSS travel permit”.
 
We have been stuck in Italy since the beginning of November with zero help from any authorities, losing time, money and our work and study commitments back in the UK.
 
We are frustrated, stressed and worried about the situation which is quite confusing. We live in the UK, my husband has a 5 years visa in the UK, and was rejected by the airline, and with no shame the UK Government rejected his BRP replacement visa application saying there is no refund and without giving any help on how to solve the situation.
 
Two months later, we’re still stuck, waiting for the EUSS Travel Permit.”
 
*Names have been changed. Individuals are willing to publicly share their stories.

Communication from the Home Office

Non-EU citizens who are granted status under the EU Settlement Scheme are not informed through the Home Office decision letter that they need to apply for an EUSS BRC if their EEA BRC expires.
Non-EU citizens who had EEA residence cards are explicitly told they cannot renew these, without a mention of the need to apply for a BRC to travel 
Through the “View and prove” Settlement Scheme website, non-EU citizens are informed when they log in that they can “travel in and out of the country without having to prove your status, as your information will be checked automatically.”
 
At the3million we have written to Kevin Foster MP asking the Home Office to address these issues. 
 
For more information, get in touch with Communications Manager Andreea Dumitrache on [email protected].