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  • 635 posts

    OH is an EU Citizen with Settled Status.

    He travels back and forth to Portugal regularly, and we have been to the US and Japan together since Brexit without any problems.

    Tonight, we thought he was going to be denied boarding our flight from Nagoya to Helsinki and on to LHR.

    Took 25 minutes to get Swissport (on behalf of Finnair) to check us in. They only did this once he accessed his UKVI account on the .gov website. He (and I) were totally unaware of any need to prove settled status when flying back to the UK.

    Warning to any other EU Citizens with SS who are also unaware. Make sure you know how to access you UKVI account and get a share code which check in staff can use.

    When SS was first introduced, we thought that all checks could be done by reference to the passport. Things have maybe changed.

    23 posts

    This goes to ALL immigrants and visa holders to the UK. Not just ones with EU settled status. Share code is mandatory. Only the officers/scanners at the border in UK airports/ports can verify status from the passport.

    970 posts

    Wow, interesting case

    The ‘share’ code – is that something that needs to be done on the spot or is it possible to generate this ahead of arriving at the airport (just in case of no reception/data impacting this activity)?

    635 posts

    Never been asked for it before, and it certainly wasn’t explained that way when settled status was granted.

    He must have flown to the UK at least 20 times since Brexit.

    And he is neither an Immigrant nor a Visa holder.

    635 posts

    Wow, interesting case

    The ‘share’ code – is that something that needs to be done on the spot or is it possible to generate this ahead of arriving at the airport (just in case of no reception/data impacting this activity)?

    Possible to generate it at any time, and it is valid for three months. He will make sure he always has one ready in future.

    23 posts

    Never been asked for it before, and it certainly wasn’t explained that way when settled status was granted.

    He must have flown to the UK at least 20 times since Brexit.

    Previously there were three ways to enter UK:

    Right of free movement (short or long term) – For EU citizens only (Ended with Brexit except for Irish citizens and Channel Islands citizens. ).
    Visa-free for short visits only – for US, EU, Aus, Japan and a few other countries
    Short- or long-term visas – for most of the world.

    Visa-free entry was recently replaced by an Electronic Travel Authorisation, effectively ending the visa-free entry to the UK for all countries except for citizens of Ireland and the Channel Islands.

    What would have happened previously was the check-in agent would have seen your friend’s EU passport and automatically assumed that he is travelling for a short visit to the UK and let him through. But since ETAs came in, the agent has to check for the Share Code, visa or the ETA. That’s why he got stopped.

    And he is neither an Immigrant nor a Visa holder.

    EUSS is a (superfast) immigration scheme. Legally, he is an immigrant.

    it certainly wasn’t explained that way when settled status was granted.

    The Home Office website is pretty clear about this.

    11,188 posts

    Yes he’s an immigrant, but that’s no big deal, so was my dad, and plenty of other people on this site.

    I recall Rob saying that his wife tried to enter the UK on her German passport shortly after Brexit and having to produce evidence of right to remain also. I think it’s best to always assume you might have to show you have the right to enter a particular country if you don’t hold that passport.

    Bom dia to him, incidentally! I had my DNA Ancestry done for Xmas and I am 7% Portuguese.

    635 posts

    He didn’t come to the UK as an Immigrant. He came 27 years ago as a Migrant Worker exercising his rights under the Treaty of Rome, and has been domiciled here ever since.

    His Settled Status notification said nothing about him being an Immigrant or needing a visa.

    The HO website may be clear about what the rules are now, but they have changed since Brexit, and these changes have not been communicated to EU Citizens with ILR.

    The changes seem to be as a result of the recent introduction of ETAs.

    There will be other EU Citizens settled in the UK who will be unaware of these changes, and I started this thread to raise awareness.

    If this has become a new routine check, it would be useful for the airlines to collect the data as part of the API, and make passengers aware of the requirements.

    If my OH had not had internet access and time to sort things out at bag drop, we would have had serious problems.

    Incidentally, Finnair verified passports as part of OLCI, and we had boarding passes. If we had been travelling HBO, then I expect there would have not been a problem.

    It would also have been bizarre to stop an EU citizen boarding a flight to an EU country!

    917 posts

    All the rules changed on 1 April, I believe, as the last
    of what were the Biometric Cards expired.

    Now everything is done through each individual’s online account which,
    as mentioned, UK border staff should have access to.

    We’re finally going to stump up the GBP 1500 for a UK passport for OH to
    avoid the potential hassle/finally have all 3 of us using E-gates!

    11,188 posts

    @Alex G – I’m not sure what you mean by immigrant, but the definition is:

    “a person who comes to live permanently in a foreign country”

    The reason for moving to another country is not relevant. It’s not a term of abuse, although some people have made it into that.

    Airlines have to bear the cost of taking someone back who doesn’t meet the entry requirements, so they are going to make sure that all passengers are legally entitled to enter their ultimate destination.

    Having settled status is not the same as citizenship, so it’s just common sense not to assume that everything that applies to a citizen will apply to someone with settled status. There’s another thread running on here where someone appears to have made a similar error and was denied boarding, along with her family, resulting in a lot of extra cost to herself.


    @Michael
    , caramba, is that £1500 every 10 years, or does it revert to UK pricing after the first one?!

    1,324 posts

    All the rules changed on 1 April, I believe, as the last
    of what were the Biometric Cards expired.

    The rules were effective on 1st Jan, but border office was given leeway to use the biometric cards for a short while.

    1,324 posts

    He didn’t come to the UK as an Immigrant.

    For all intents and purposes, he’s an immigrant. No need to get worked up about terminology. Being called an immigrant is not derogatory.

    The HO website may be clear about what the rules are now, but they have changed since Brexit, and these changes have not been communicated to EU Citizens with ILR.

    There has been plenty of communication about it. If he has a paper ILR, there is no change. If he has a biometric card, the expiry date should’ve rung alarm bells for you.

    1,324 posts

    Where I heard this created problems is the airline staff at many airports were not made aware and they were simply refusing to accept an expired BRP. And in many cases, no data connection meant the link couldn’t be generated.

    The government should’ve simply set up an app with secure biometrics and other controls rather than relying on a web link that’s generated by the user. They have basically outsourced the hard part to the user and airline / airport staff.

    179 posts

    OH (also Portuguese) had same issue in the USA. Nearly missed his connecting flight back to UK, as AA were not letting him board. So so painful and absolutely not right.

    I am pregnant, and OH is adamant baby will get PT passport, but also insists it’s nigh on impossible to do here and we need to travel to PT to do it. I am not that bothered about baby getting British citizenship, preferring that baby gets Irish (done through foreign birth register so will take 12+ months).

    Looks like baby will be getting three passports. As I am not at all trusting of UK system in being able for baby to just have PT passport and be linked to OHs right to remain in the UK.

    23 posts

    We’re finally going to stump up the GBP 1500 for a UK passport for OH to
    avoid the potential hassle/finally have all 3 of us using E-gates!


    @Michael
    C, I believe you are talking about the citizenship (naturalisation) fee, not the fee for the passport. Technically they are two different things.


    @NorthernLass

    The reason for moving to another country is not relevant. It’s not a term of abuse, although some people have made it into that.

    Hear Hear!

    Airlines have to bear the cost of taking someone back who doesn’t meet the entry requirements, so they are going to make sure that all passengers are legally entitled to enter their ultimate destination.

    It actually goes beyond the cost of taking the person back. That cost is probably negligible compared to hefty fines imposed by governments to airlines for not carrying out proper document check.

    23 posts

    @redlilly

    Looks like baby will be getting three passports. As I am not at all trusting of UK system in being able for baby to just have PT passport and be linked to OHs right to remain in the UK.

    If at least one of the parents is a British Citizen, a Permanent Resident (ILR) in the UK, or an Irish Citizen living in the UK, the baby will automatically be a British Citizen. There’s nothing further for you to do or nothing you can do about it. You can apply for a passport for the child whenever you wish. 🙂

    https://www.citizensadvice.org.uk/immigration/getting-british-citizenship/getting-british-citizenship-for-children/

    11,188 posts

    Amazing how people moan so much about the U.K. yet want to continue living here! The hoops I had to jump through to re-establish my Spanish citizenship after my dad died make the U.K. look virtually bureaucracy-free. When he lived here in the 70s the HO used to send the local police to interview him once or twice a year to ensure that he was still in his job of technical translator which couldn’t be performed by anyone else, being married to my mum didn’t seem to cut any ice back then!

    11,188 posts

    @redlilly, I suspect Portugal will be very similar to Spain in that you’ll be able to register the birth with the embassy or consulate and get a Portuguese birth certificate, then apply for the passport there.

    Luckily the U.K. has no issue with anyone having any number of nationalities and passports, unlike many other countries!

    179 posts

    Amazing how people moan so much about the U.K. yet want to continue living here! The hoops I had to jump through to re-establish my Spanish citizenship after my dad died make the U.K. look virtually bureaucracy-free. When he lived here in the 70s the HO used to send the local police to interview him once or twice a year to ensure that he was still in his job of technical translator which couldn’t be performed by anyone else, being married to my mum didn’t seem to cut any ice back then!

    I politcely disagree. The UK right now is an incredibly beauractratic place to live if you don’t have a British passport. It also uses incredibly archaic systems that are neither fit for purpose, sustainable or trustworthy. I don’t think many western countries are unique of this.

    Sounds like your dad had quite an experience with visiting HO officers.

    1,324 posts

    Amazing how people moan so much about the U.K. yet want to continue living here!

    One of the many cases where what people do is often different from what they claim to be or will happen.
    Be it complaining about BAEC changes or getting worked up about number of millionaires leaving.

    179 posts

    @redlilly

    Looks like baby will be getting three passports. As I am not at all trusting of UK system in being able for baby to just have PT passport and be linked to OHs right to remain in the UK.

    If at least one of the parents is a British Citizen, a Permanent Resident (ILR) in the UK, or an Irish Citizen living in the UK, the baby will automatically be a British Citizen. There’s nothing further for you to do or nothing you can do about it. You can apply for a passport for the child whenever you wish. 🙂

    https://www.citizensadvice.org.uk/immigration/getting-british-citizenship/getting-british-citizenship-for-children/

    Thanks – I do know that baby will get automatic citizenship from me as a British passport holder (Irish only comes through ancestors so isn’t automatic). My problem is paying for all the passports, as we are a bit addicted to travel and already have all the maternity leave trips planned… I wasn’t planning on paying for 3 passports, only 1 or 2. It’s just I don’t trust the UK right to remain system if baby only got PT passport and we cannot wait 12+ months for the Irish.

    First world problems and all… I am definitely definitely not complaining.

    11,188 posts

    https://londres.consuladoportugal.mne.gov.pt/en/the-consulate/news/birth-registration-online

    So a fairly straightforward process. However, it looks as though Portugal follows the UK policy of making you pay through the nose for a passport – 100 euros if you apply from abroad! Spanish one was only 28 euros.

    348 posts

    Re “He came 27 years ago as…” …an immigrant.

    If he wasn’t born here, and he’s not just visiting, then what else can he be other than an immigrant? Do you really not understand this?

    1,324 posts

    Re “He came 27 years ago as…” …an immigrant.

    If he wasn’t born here, and he’s not just visiting, then what else can he be other than an immigrant? Do you really not understand this?

    It’s basically code for white European immigrants to say they shouldn’t be considered same as non white immigrants. Unfortunately there are a few.

    347 posts

    Thanks for highlighting this issue.

    Off to Japan in a couple of weeks and Mrs Mack has “indefinite leave to remain” but has never had a biometric card, paper document or even a sticker for her passport!

    The Hone Office said her ILR was simply linked to her passport number, and when she renewed her Spanish passport she had to let them know.

    And she’s never been asked for proof at Edinburgh or London – once, in Edinburgh, when there was a technical problem, the officer said: Just go through, I’ve seen your house in the telly!

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