Bangladeshi national with Schengen visa stranded in Spain after UK BRP stolen

Question

Person A:

• is a Bangladeshi citizen with an up-to-date Bangladeshi passport;
• has an up-to-date multi-entry Schengen visa (issued by France) in that passport;
• normally resides and works in the UK, and was accordingly issued a Tier 2 BRP (Biometric Resident Permit), which is not due to expire for another year or two;
• is presently stranded in Spain; here's how:
  • Person A took a short trip to Spain from the UK. The BRP was stolen from them (pickpocketed) en route to the airport for departure back to the UK. For not having the BRP, Ryanair denied them boarding for their direct flight to the UK, despite Person A having obtained a police report at the airport immediately upon discovery of the theft, and despite Person A having their boarding pass, Bangladeshi passport, and BRP serial numbers/expiry date/etc.
• has notified the UK Home Office of the theft of the BRP;
• is awaiting an appointment in Madrid, with the private company contracted for this purpose by the Home Office, to receive a replacement BRP visa, having selected the "fast-track" option. (Neither the British Consulate in Barcelona, nor the British Embassy in Madrid, seem to process such visa matters directly anymore: sadly, these functions appear to have been privatised by the British government.)

Two questions:

1. How long can Person A expect to wait for the replacement BRP visa to be issued, after the appointment?
2. Can person A travel overland, without risk, to other Schengen countries during this waiting period? (I.e. is the Bangladeshi passport with Schengen visa sufficient, or is there a possibility, even a small one, that officials at the Portuguese or French border will additionally demand the BRP?)

Answer 1

The passport with the valid Schengen visa is all that is required to travel within the Schengen zone and is sufficient to pass any additional checks.

This is because your UK status has no bearing on the Schengen zone - the visa was issued to you and more to the point you are already admitted into the Schengen zone.

As long as the visa is valid, you are free to travel within, and exit the Schengen zone.

As far as the first point; regarding wait times for the replacement document - the best person to ask is the interviewer at the consulate where you have your appointment.

Answer 2

1. How long can Person A expect to wait for the replacement BRP visa to be issued, after the appointment?

At the appointment, the answer given was: about 5 working days, if the person obtained a police report within 24 hours of the theft, notified the Home Office likewise, submitted the online application for a replacement BRP visa ASAP after that, paid for the fast-track service, and brought copies of all relevant documentation to the appointment.

An Indian friend of a friend was in the same situation earlier this year, except that they reported the theft first to their embassy and waited for a reply, instead of reporting the theft to the police within 24 hours. That person was told at the appointment that it would take up to 15 working days, and it did indeed take that long.

2. Can person A travel overland, without risk, to other Schengen countries during this waiting period?

Not with certainty.

This is because the office that issues the replacement BRP visa requires the applicant to hand over their passport. The passport is eventually returned to the applicant together with the replacement BRP visa, once the latter is ready (see above), but not before.

Even though the Schengen Area in principle gives free movement, in practice a passport (with Schengen visa, if applicable) may be required by internal international carriers (planes, trains, long-distance buses), and at internal Schengen borders with temporary border controls.