Return BRP after Citizenship Ceremony within 5 days

omya wrote:Thanks for the reply..
But if the letter of approval for my naturalisation comes when I'm abroad, will it be a problem that I wont reply ( to attend the ceremony)?I need to be abroad for abot 4-5 weeks.

ohara wrote:Once you become a British citizen it will be invalid and therefore useless anyway.

ohara wrote:Once you become a British citizen it will be invalid and therefore useless anyway.

Richard W wrote:Your statement is only true if British citizenship obtained by being born in the UK to a holder of ILR evidenced by a BRP lapses on the parent's being naturalised unless evidenced by a British passport or certificate of Right of Abode.

secret.simon wrote:Richard W's point about its use as a document to evidence ILR at a point in the past, for purposes such as acquisition of British citizenship for children born in the UK to people settled in the UK, is a valid one and it is unclear if the government has thought it through.

Presumably, given that such data is held on government systems, a SAR request would be a way of getting hold of the specific dates that the person held ILR. But that is not as authoritative as a BRP.

Richard W wrote:

secret.simon wrote:Richard W's point about its use as a document to evidence ILR at a point in the past, for purposes such as acquisition of British citizenship for children born in the UK to people settled in the UK, is a valid one and it is unclear if the government has thought it through.

Presumably, given that such data is held on government systems, a SAR request would be a way of getting hold of the specific dates that the person held ILR. But that is not as authoritative as a BRP.

Vinny pointed out to me a similar problem with an ILR stamp in a surrendered Indian passport. See Apparition's posts in proof of my father's ILR at the time of my birth. That SAR data needs to be preserved for at least the next generation - perhaps forever! How does one defeat the claim that anyone could have faked the report?

Casa wrote:Yes

naidupavan wrote:Dear Friends,
Please see below the Trail of Emails with the Out come... With reference to BRP!

I would like to say IT IS GOOD NEWS...!

Please note I have deleted other people Email address and TEL numbers

Dear Pavan

Kirsty has now been provided with a response from UK Visas and Immigration.

The member of the MP Account Manager Team that was looking into Kirsty’s enquiries has confirmed that since your application was considered in December 2015, before the legislation came into force in January 2016 you will not be required to return your Biometric Residence Permit. I understand that this contradicts the initial response received, but I have confirmed with the member of staff that I spoke with that this further response is correct.

Further to this, he also clarified that it can take up to 6 months to receive a Certificate of Entitlement to Right to Abode.

I hope this information is useful. Should you have any further issues or queries, please do not hesitate to contact Kirsty’s office.

Kind regards

Ellen

Exxx Cxxxx
Parliamentary Assistant to Kirsty Blackman MP for Aberdeen North


Good afternoon

I was recently contacted by my above named constituent regarding his biometric residence permit.

I understand that Mr XXXXX’s application for British citizenship was approved in December 2015 and he is set to attend his Citizenship Ceremony on 2 February 2016. Mr XXXXX states that he regularly works away as part of his job in destinations both within and out with the EU, meaning he often has to apply for visas to allow him to visit certain countries. One example that Mr XXXXX gives is that he applied for a visa in July 2015 that would allow him to travel to Ghana later this year. Mr XXXXX states that he used his Indian passport and BRP to apply for this and other visas, however, he has become aware of new legislation that states new British citizens are required to return their BRP within 5 days after their Citizenship ceremony or face a fine of up to £1000.

Mr XXXXX is concerned that this legislation applies to him as a new British citizen, meaning he will have to return his BRP before he is able to travel to the destinations using the visas linked to his BRP and is concerned that he will be unable to travel and return to UK because of this. Mr XXXXX has asked that I point out that his application for British citizenship was approved and he applied for these visas before this legislation came into force.

I would be grateful if you could clarify whether this new legislation applies to my constituent’s case, considering his citizenship was approved before the legislation was implemented. If this does apply to my constituent, I would appreciate if you could advise whether Mr XXXXX’s BRP could be extended so that he can undertake his pending business trips on his Indian Passport and if this is not possible, could you please recommend any alternative solutions that Mr Akula could follow.

I look forward to hearing from you.

Kind regards

Kirsty Blackman
Member of Parliament for Aberdeen North

Address: 46 John Street, Aberdeen, AB25 1LL
Email: kirsty.blackman.mp@parliament.uk | Call: 01224 633285 | Text: 07464 606650



From: XXXXX, XXXXX
Sent: 25 January 2016 14:57
To:
Cc: BLACKMAN, Kirsty
Subject: XXXXX XXXXX - RETURNING YOUR BIOMETRIC RESIDENCE PERMIT (BRP)
Importance: High

Hi Ellen
Good Afternoon,
As discussed over the phone please see the attachments as requested.

As per HOME OFFICE regulations ( Naturalisation as BRITISH CITIZEN Guidance NOTES page 21) New Rule from Jan 2016 UNDER CONTENTS : Section 7

“RETURNING YOUR BIOMETRIC RESIDENCE PERMIT (BRP)”

I did not return my Biometric Residence Permit (BRP) when I applied to become a British citizen. But as per new Guidance notes
I must return it to the Home Office within 5 days from the date I attended my Citizenship ceremony, or the date I was issued with a certificate of naturalisation, whichever is sooner.

Failing to do so the Secretary of State may impose a fine of up to £1,000.


I would like to requested My local MP to verify the following things.
1. At the time of my application this rule was not in place. Is it APPLICABLE to me now?
2. I would like to request my MP to request Home office to extend my BRP validity ( If possible ) so that I could finish my pending business trips on INDIAN PASSPORT.
3. Any other alternative solution to this.
Please find the letter from home office regarding my Naturalisation Invitation. Any further queries please feel free to contact me.

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

Ref forum T&Cs (click)
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Richard W wrote:I don't believe the HO is yet ready to strip your wife of British citizenship for using her old BRP.

Her BRP will have been cancelled. However, I haven't yet heard of people not being able to board with cancelled BRPs, so I suspect she will be able to fly back to the UK. The problem will ensue at the airport in the UK. Last time I could find the instructions, they said that a British citizen at a British port has to be treated as a British national if she can prove she is a British citizen. So, I think the worst you will face is missed connections at the UK airport (so don't book a taxi) and a £1,000 fine - but your trip is worth at least £2,500 if you are a rational economic human being (but most of us aren't, and spending £1,000 you don't have is worse than spending £1,000 that you do have.).

Unfortunately, at some point, airlines will start discovering that cancelled BRPs have been cancelled, and there is a small chance (may be 5%) that your wife will be in the first batch affected. Of course, someone may know that this has started happening - if so, please share with us.

Mrs.P wrote:I just found out about returning my brp within 5 days. I am in a dilemma, my citizenship ceremony is on 15th of march and I am travelling on 31st of March. Can I possibly return my BRP card after the ceremony and travel on my birth country passport (we are allowed to have dual nationality) and when I am at heathrow on the way back, show them my naturalisation certificate. My naturalisation approval letter is dated 12th January, was the new law in force on that date.