Return BRP after Citizenship Ceremony within 5 days

[CR001]

In addition to what casa said, HMPO does not deal with the return of BRPs. This is an HO issue and BRPs should be sent to HO and not to HMPO.

[Azlan16]

Dear,
My wife applied for citizenship in September 2015 and she received her citizenship last week 25th feb 2016, and she just realized that there was a leaflet which stated that she have to return her BRP within 5 Days, but My wife and Kids paid for tickets to travel to Pakistan end of March.
Spoke to Home Office with different people over the phone, Everyone giving different answers.
First one said Your BRP is cancelled and you cant come back.
Second one said Just write a letter with a reason and Travel.and list goes on..
We booked and paid for our tickets & hotel which are non-refundable in December 2015.
If they cancelled my wife's BRP then she will be stuck at Pakistan airport.
Applying for first British Passport takes 6 weeks plus then she have to take Pakistan Visa which adds up another week. We have paid more than £2500 for our travel.
I spoke to Home Office and UKBA but not getting any where.
Please help me.
Kind Regards,
Arslan

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)
- Board Moderator

[Richard W]

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.

[junaidcg]

I am in the same boat as few others, I received my Citizenship Invitation Letter and I booked my Ceremony in a weeks time. Then, I start to think it may effect my abroad trip, which is booked for this month. Since they have new rule of returning BRP in 5 days. Since I am not going to have my BRP I may not be able to enter in UK. What should I do in this situation?

I can call council and re-arrange the ceremony, for the date after I return to UK, but then again I may have to go abroad exactly in 6 weeks of time, after my ceremony date. Do you think 6 weeks is a sufficient time to receive UK passport? and travel.

Thanks !

[Azlan16]

Thanks Richard,
i will send back my wife's BRP and cancel our trip to Pakistan.Its better to be safe then getting head ache abroad with kids.Loosing £2500 is better than my family's inconvenience .
i was waiting for UKBA reply but haven't heard any thing from them.Over the phone they said you can use your brp and if you got a strong reason not to return BRP just send a letter to them with proof.
But now As now we all are aware that BRP is not valid So there is no point travelling with that.
Also there is 4 point immigration at Pakistan airport.airport. First at the main gate then after bording pass
FIA where they check your details on the system, Short interview and last one just before entering the aircraft.So its too much hassle .
Thanks again.
Azlan

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]

Dear All,

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.

I am so worried. Please advise.

Many thanks.

[Richard W]

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.

If you are a visa national, you can't use your passport to fly back to the UK, though if you had an ILR sticker in an old passport you could use that if the sticker hasn't been marked as superseded.

There is a report that one may explain the position to the Home Office and retain the BRP. If you just retain the BRP, you may find it has been cancelled when you reach Heathrow, and then rely on your naturalisation certificate. We haven't yet heard of either of two dread situations:

a) People being refused boarding because the BRP has expired.
b) British citizens able to prove they're British being refused entry because they don't have a British passport. (This appears to be contrary to instructions.)

There hasn't been a recent change in statute or statutory instruments; the Home Secretary has long had the right to demand the return of BRPs when they cease to have any effect. What has changed is the judgement that ILR ceases to have effect when one becomes British, though the context was that ILR does not revive if one loses British citizenship. I believe the demand for return derives from that judgement - plus the embarrassment when someone stripped of British citizenship was able to return using his old ILR.

I believe new policy of demanding their return started in mid-November 2015. The various unpleasant consequences (travel, proof of Britishness for children born to parents on ILR) may be due to incompetence rather than malice.

[Mrs.P]

Dear Richard W,

Many thanks for the reply. Any idea where I can contact the home office to explain my situation please.

Regards
P

[Casa]

The HO won't be interested in your travel plans, only in implementing the rule. There is only a 'Help line' for general enquiries, but be aware that their 'advice' is notoriously flawed. Ten different phone calls will probably result in a different answer each time.
This article sums it up well:
https://www.freemovement.org.uk/immigra ... pectation/

[Mrs.P]

Hi Casa,

Thank you for the reply. You are right about not trusting their advice as I have personally experienced in the past. I have a question to all of you guys; I have decided to return my BRP after my citizenship ceremony on the 15th March (to avoid the penalty) and travel abroad using my country of birth passport. What kind of trouble will I get when I come back to the UK. I am not breaking the law as I have been naturalised as a british citizen but still travelling on a valid passport. I really do not know what else I can do. Applying for a right of abode certificate takes 6 months apparently.

Thanks for any suggestions/advice, I appreciate them.

P

[Richard W]

Many thanks for the reply. Any idea where I can contact the home office to explain my situation please.

Not really - can only go on what Azlan6 reported earlier in this thread.

As Casa said, you may not get a consistent answer.

[Casa]

At the end of the day, the risk is your decision.

[Richard W]

What kind of trouble will I get when I come back to the UK.

So long as you don't lie, there may be some delay while the evidence that you are British is double checked. I don't know if there is any practical alternative to carrying your naturalisation certificate. Explain that you haven't had time to get a British passport, and that when you planned your trip you had expected to be able to use your old ILR just after naturalisation

The only risk is that they might just refuse you entry because you didn't present a British passport, but that seems to be remote.

You might be committing an offence if you claim to be a tourist, and the Home Office might be angry enough to have you charged. In theory you might be able to claim you weren't seeking leave to enter as it can't be granted to a British citizen, but I wouldn't risk it.

[Mrs.P]

Thank you Casa and Richard W for your valuable input. I appreciate your help.

[digitanium]

I recetly returned to UK using my birth country passport. Slight delay at the immigration as the officer was keen to know why I did not use my british passport upon return. Was asked to be seated for about 10 minutes before the officer cross-checked and allowed entry without any issues.

[arindam02]

Dear All

We got our British Citizenship on the 11th November 2015 where this requirement was not stated and I understand this is a new requirement came into play in January 2016 onwards. Hence is it applicable retrospectively. Since we become British Citizen before this requirement, hence is it mandatory for us to comply. I'd be grateful if anyone can shed any light on this.

Many thanks in advance.

[Kurshedalam]

I applied British citizenship application in May/2015.My citizenship ceremony was on 10/05/2016.Should I have to return my BRP within 5 days? Please advice me.

[Casa]

No. This wasn't a requirement in 2015.

[cs95tdg]

I applied British citizenship application in May/2015.My citizenship ceremony was on 10/05/2016.Should I have to return my BRP within 5 days? Please advice me.

I believe that you should, based on the latest HO guidance. Even though it wasn't explicitly stated in the AN form guidance last year, the requirement to return the BRP was stated when I attended my ceremony this year, for my application submitted last year.

There is however the catch 22 situation some applicants have found themselves in, when requiring proof of ILR at the time of a child's birth.

[zunera mahmood]

Hello
Need some advice regarding the returning of BRP card ...my son got his mn1 approval today...as we applied in a jcap scheme ..
On the letter it states that I should cut the BRP card in half and post it back to the address mentioned ...
My question is
Should I wait for the passport to come or should I immediately post the BRP back to avoid the fine ??

Secondly should I send it with registered post or normal post..please can anyone explain..

Thanks

[CR001]

Hello
Need some advice regarding the returning of BRP card ...my son got his mn1 approval today...as we applied in a jcap scheme ..
On the letter it states that I should cut the BRP card in half and post it back to the address mentioned ...
My question is
Should I wait for the passport to come or should I immediately post the BRP back to avoid the fine ??

Secondly should I send it with registered post or normal post..please can anyone explain..

Thanks

You should return the BRP within days as required. Passport shouldn't be too much longer. Send it to the address provided, if a freepost address, fine if not, send it anyway you wish to. BRP has been cancelled so of no use to anyone.

[zunera mahmood]

Thanks CR001 for the quick and prompt reply..

[ramtheconqueror]

Is this 5 working days? I've had my ceremony last Tuesday and I completely forgot about this. Is that OK if I send it today? Thanks

[Casa]

It will fine...send it today.

[ramtheconqueror]

Thank for your reply @Casa. I've another question (may be silly), is it OK to send all (mine, wife's, and our child's) the BRPs in one envelope or do I need to send them separately?

Thanks.