BRP Renewal

Background:
I am a US citizen and I have ILR since 2013 and my original BRP is about to expires (Dec 12). I’ve already submitted for a new BRP under ‘Update, replace or transfer to a Biometric Residence Permit‘ and paid the ~£75. I’m in the process of uploading documents. I’ve already book a free biometric appointment for Dec 23 for the picture and finger print scan.

Issue:
I’ve read that this takes up to 6 months to process. I have travel plans for short trips in the new year business and pleasure. If I need to travel before my permit is issued, what options do I have?

Many thanks for your consideration of my issue.

As a US citizen, you can return to the UK just fine, so you can travel, but unsure what's the action from your side should be to be admitted not as a visitor, but with ILR.
Maybe come up to the border control officer and explain the situation, showing expired BRP? The status doesn't expire (it's indefinite), only the card does. More knowledgeable members will give advice.

luckytackle wrote: ↑

Fri Dec 02, 2022 12:34 pm

Background:
I am a US citizen and I have ILR since 2013 and my original BRP is about to expires (Dec 12). I’ve already submitted for a new BRP under ‘Update, replace or transfer to a Biometric Residence Permit‘ and paid the ~£75. I’m in the process of uploading documents. I’ve already book a free biometric appointment for Dec 23 for the picture and finger print scan.

Issue:
I’ve read that this takes up to 6 months to process. I have travel plans for short trips in the new year business and pleasure. If I need to travel before my permit is issued, what options do I have?

Many thanks for your consideration of my issue.

As rightly pointed out by meself2;

If you’ve lost your original stamp, vignette or biometric residence permit
If you do not have your original stamp, vignette or biometric residence permit, you may not be allowed to enter the UK.

You will need to get a replacement biometric residence permit (BRP).

I believe expired BRP falls into this category too.

https://www.gov.uk/returning-resident-visa

Not sure why you didn't apply for a renewal when it was 6 months or less left. You could expose yourself to immigration dangers beyond your imagination. The rules are not bespoke to only 3 countries that require visa to come to the UK. You might get away with the airline, but not with the Border Force.

Non-visa nationals (e.g. US citizens) can get on a plane and fly here without needing BRP. Such a person who holds a resident visa or ILR will always be admitted as a resident even if the BRP is not checked at the border (e.g going through e-gates) and not a visitor.
Note that ILR status does not expire, only the card expires.

general-uk-immigration-forum/can-we-use ... l#p1787814

Also, note that all BRP cards will be issued with an expiry till the end of 2024 after which they will be replaced by digital immigration status.
https://www.gov.uk/biometric-residence- ... rt-problem

Zimba wrote: ↑

Fri Dec 02, 2022 1:43 pm

Non-visa nationals (e.g. US citizens) can get on a plane and fly here without needing BRP. Such a person who holds a resident visa or ILR will always be admitted as a resident even if the BRP is not checked at the border (e.g going through e-gates) and not a visitor.
Note that ILR status does not expire, only the card expires.

general-uk-immigration-forum/can-we-use ... l#p1787814

Also, note that BRP cards will only be issued with an expiry till the end of 2024 after which they will be replaced by digital immigration status.
https://www.gov.uk/biometric-residence- ... rt-problem

Those are scenarios for those that have a valid non-expired BRP. ILR is a status agreed. EU, US, Canada, Australia, New Zealand et al can also go thru the E-gates without seeing anyone agreed.
This process was started fairly recently to reduce the stress on the Border Force at the port of entry (except for the EU's).

I might be wrong, but the guidance clearly states in the below. I'll repost it again;

If you were away for less than 2 years
You still have your indefinite leave to remain if you were away for less than 2 years.

When you travel to the UK, show the stamp, vignette or biometric residence permit that originally gave you permission to settle here.

If it’s in an old passport, carry both your old passport and your new passport when you travel.

If you’ve lost your original stamp, vignette or biometric residence permit
If you do not have your original stamp, vignette or biometric residence permit, you may not be allowed to enter the UK.

You will need to get a replacement biometric residence permit (BRP).


The BRP hasn't been scrapped yet until 2025. I believe until then, this remains the bible. FYI, it doesn't say you would be stopped, it says you may be stopped.

E-gates don't mean they still don't look at you data before the gate opens.

Unlike the visa BRP, ILR card expiry is irrelevant. ILR is a status and unlike a BRP visa, its validity is not limited to the BRP card's expiry date. Whether a non-visa national goes through e-gate or not is also not relevant. If you make it to the UK border, your valid resident status will be considered for entry

Also note that information on GOV.UK website is not official guidance. Immigration rules and procedures must be read and interpreted as a whole.

Thank you everyone for your help and advise.

My ILR was issue after the stamp or vignette ceased to be issued, so I only have a letter from HO and the BRP. I could travel with my letter, although that makes me feel uneasy.

The other inconvenience is that the chip on my US passport doesn’t function , so the gates never work for me, which means I always have to provide my passport to a Boarder Force agent. I might just get a new US passport before I next travel so that I can have the convince of a working chip.

The reason I’ve not submitted an application sooner, is that I’ve been travelling once every few months, and waited until I returned from my last trip, which I foolishly thought a month would be more than enough time to reissue a card for a status that I’ve already been granted.

Thank you @zimba for clarifying BRP visa vs BRP ILR.

So from the answers, it looks like I can travel but should be prepared to factor in time to be able to ‘explain’ myself.

Many many thanks.

Correct. You will face no issues