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Parents have ILR, child still has valid BRP, OK to travel?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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cheriaua
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Police registration gap.

Post by cheriaua » Mon Jan 13, 2020 11:15 pm

Hi,
I'm considering to apply for ILR and add my wife and baby to the application.
One thing that is bugging me is a stupid, stupid mistake. We've ended our tenancy agreement in a small apartment in England and thought we can stay for a couple of months in a friend's house so the wife can settle with the new baby and then we will move to Scotland without the time pressure of fixed-term contracts.
A couple of months ended up in 10 month period when we did not register "temporary address" in the police.
My mind was completely busy with the new arrival and only now I understand how silly it was. Appreciate if you can let me know how serious this is in terms of ILR application, assuming we have to provide proof of cohabitation? There's not much we can provide apart from bank statements/payslips/NHS letters as we've never paid any utility bills as it's not our house.
We've registered our new rented flat address in Scotland of course, but the 10-month gap is worrying me.
Do you think I should split the application as then I don't need to provide proofs of cohabitation?

Thanks in advance.

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zimba
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Re: Police registration gap.

Post by zimba » Tue Jan 14, 2020 12:57 am

Not a major thing. Provide a covering letter explaining that for that 10 months you lived with your friend and therefore no evidence can be provided. The rules simply require caseworkers to ensure your relationship is subsisting and genuine. The purpose of sending such documents is to imply that
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cheriaua
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Re: Police registration gap.

Post by cheriaua » Tue Jan 14, 2020 1:57 pm

Zimba wrote:
Tue Jan 14, 2020 12:57 am
Not a major thing. Provide a covering letter explaining that for that 10 months you lived with your friend and therefore no evidence can be provided. The rules simply require caseworkers to ensure your relationship is subsisting and genuine. The purpose of sending such documents is to imply that
Hi Zimba. Thanks for your swift response. I'm not worried about proving that the relationships are genuine.
More that HO can say, oh you failed to register to the police which is mandatory for your country of origin, it's a serious breach - goodbye. Anyway probably better for me to let them know rather than they will find out and start asking questions :)

cheriaua
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Parents have ILR, child still has valid BRP, OK to travel?

Post by cheriaua » Wed Aug 26, 2020 11:20 am

Hi,

We've planned trip home in last minute, bought tickets... And a thought strike me.
Me and my wife received ILR and our daughter still has her BRP that she received as dependant when we were on PBS Tier-2.
I don't know why I haven't thought about it earlier, but my fear is we may have problems on return. Can someone confirm if our daughters BRP can be used or not? Logic says that when we've received ILR, her BRP got invalidated :(

Appreciate any thoughts and comments.

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CR001
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by CR001 » Wed Aug 26, 2020 11:38 am

Topics merged.

Why did you not add your daughter to your ILR application??

On what basis did you apply for ILR, which visa or residency route??

What visa does she hold??
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cheriaua
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by cheriaua » Wed Aug 26, 2020 11:47 am

Hi,

Thanks for the swift response.
1) She has valid BRP till DEC 2020, and she's eligible for registering as a British citizen ( did not finished this process because of lock down).
2) We were on Tier2 visa and applied for ILR after 5 years.
3) "What visa does she hold??" - that's probably the question... - she has PBS DEPENDANT LEVE TO REMAIN. And I'm not sure if it becomes invalid once we receive ILR?

Thanks

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CR001
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by CR001 » Wed Aug 26, 2020 12:02 pm

Her visa remains valid. She must return to the UK before her visa expires.

Note that if you get stuck abroad due to Covid and her visa expires, she won't be able to return and will have to apply for a entry clearance visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

cheriaua
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by cheriaua » Wed Aug 26, 2020 12:05 pm

Phew, you can't imagine how glad I am to hear this :)
Thanks again for the swift response and have a good day :)

vinny
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by vinny » Wed Aug 26, 2020 12:07 pm

If daughter was born in the UK, then she is entitled to register. Start the process?
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AmazonianX
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by AmazonianX » Wed Aug 26, 2020 12:46 pm

vinny wrote:
Wed Aug 26, 2020 12:07 pm
If daughter was born in the UK, then she is entitled to register. Start the process?
Op stated earlier

1) She has valid BRP till DEC 2020, and she's eligible for registering as a British citizen ( did not finished this process because of lock down).

vinny
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Re: Parents have ILR, child still has valid BRP, OK to travel?

Post by vinny » Wed Aug 26, 2020 12:49 pm

Yes, indeed. Thanks.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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