ILR BRP expiry

Hi there, I am a non-EEA national from Asia and I was granted an ILR in 2013. Prior to receiving the ILR, I was on a student visa, then a post-study work visa, and finally an unmarried partner visa. Essentially, I got my ILR on the basis of being a partner to a British national.

My ILR came with a BRP with validity of 10 years. It is now time to replace the BRP and I am preempting some challenges, due to periods of absence from the UK.

In 2015, my then partner moved to Singapore for a job opportunity; I left my job in the UK to transfer to Singapore to be with him. During our time in Singapore, I made sure to travel back to the UK to ensure that my period of absence from the UK did not exceed 2 years, as we had planned to resettle in the UK eventually.

However, a few years into living in Singapore, our relationship dissolved. I returned to resettle in the UK in 2018 and pursued a graduate degree. During my studies, I met my current partner (non-EEA / North American), a fellow student. We completed our studies at the end of 2019, graduating early 2020. We had made plans to live in the UK together after our studies, but before that, we had to leave the UK briefly (him to Canada, me to Singapore) to tie up some loose ends. Before our plans could come to fruition, COVID-19 hit. We have been in a long-distance relationship since but we are making plans to move back to the UK. My current partner is in the midst of transferring with him company to the UK on the Tier 2 Skilled Worker visa. I plan to move back to the UK on my ILR before my BRP validity lapses, and apply for a replacement BRP whilst in the UK.

However, going through the gov.uk site, I am now extremely anxious that I might not be able to replace my BRP as I will need to explain at length my periods of absence and provide documents to evidence continuous residence. My time in the UK since I received my ILR has been punctuated with periods of absence, but I would reenter the UK intermittently with my ILR BRP so my period of absence would not exceed 2 years at any given point. As my relationship with my former partner has broken down, I no longer have ties to him or his family. The only tie to the UK I will have is my current partner who will be on a Tier 2 Skilled Worker visa.

TLDR: Given my circumstances, will I have trouble applying to replace my ILR BRP? If so, can I apply to be my current partner's Tier 2 dependent to be with him (we are not married but have been in a long-distance relationship)?

Thanks for your input.

ILR is granted for the purpose of settlement in the UK. If you choose to settle somewhere else and spend most of your time there, then the ILR status can be taken from you. If someone with ILR has not returned for more than 24 months then their ILR is automatically lost.

Note that the ILR status does NOT expire, only the BRP card does. However, simply travelling for short periods of time to the UK may not maintain your ILR status as per the rules: general-uk-immigration-forum/keeping-il ... l#p2037249

You should be able to return and apply for a replacement BRP. As your status is not lost, it is very unlikely you face issues in maintaining your status and you do not need to demonstrate strong ties to the UK. That is for returning resident visas.

P.S. BRPs will be discontinued by the end of 2024

Thanks, Zimba, for responding so quickly.

Assuming I am able to get through the border with my ILR when I next return, does that mean my ILR will still
be valid?

Separately, I am a little anxious looking at the BRP replacement application form. It is asking for "Evidence to prove your continuous residency in the UK since becoming a permanent resident. The document(s) you provide must cover every year since you became a permanent resident." I won't have documents for my time away from the UK. Would that be a problem? Also, I may not have documents going back 10 years as I don't keep documents beyond 6 years (I stupidly did not expect to have to reproduce documents dating beyond 10 years).

Assuming the worst case scenario where the Home Office rejects my application to replace my BRP (due to my periods of absence or missing documents), will I still retain my ILR status - which means I can continue living in the UK but not travel outside and reenter the UK?

Your ILR remains intact unless revoked. There is no rejection or refusal unless UKVI revokes your ILR which is very very unlikely You are overthinking this

Hi there, I was hoping someone could help me with a conundrum.

I am an ILR holder with a BRP that is set to expire in 2+ months. I am currently overseas. I understand that I need to apply for a new BRP within 3 months of expiry from within the UK, it could take 6 months to get the replacement, and I can't travel outside the UK until I get the replacement BRP.

However, I need to travel a lot this year.

Question:
1. What does "within 3 months of expiry" mean? Does it mean an application needs to be submitted any time between 3 months BEFORE and 3 months AFTER the BRP's expiry date? Or is it interpreted only as BEFORE?
2. Assuming the first definition (within 3 months BEFORE or AFTER expiry date) applies, can I travel back to the UK after the BRP expiry but within 3 months after its expiry?

Thanks very much!

You should apply for a new BRP before the current one expires. These applications can take 6 months.

You will be unable to travel to the UK once the BRP card expires, you won't be able to board a plane as you will have no valid evidence.

You have to apply and get a new BRP before you old one expires for travel.

While you (possibly) could get through UK border (but I have no expertise on it and would not recommend it), it's important to keep in mind you're a nonEEA national, so your BRP is the only proof that can get you yo UK. Airline staff won't dive deep into the particulars in your status - they'll see that card is expired and will deny you boarding.

Thank you, moderators!

Nationals of my country are allowed to enter the UK as a Standard Visitor for up to 6 months. Given that, do you think I will be able to reenter the UK with a BRP that has expired for a month or two? My ILR is still valid.

My intention is to wrap up my travels and submit my BRP renewal application as soon as I return to UK soil.

Thanks, both!

wwbwo wrote: ↑

Mon Jul 31, 2023 6:47 am

Thank you, moderators!

Nationals of my country are allowed to enter the UK as a Standard Visitor for up to 6 months. Given that, do you think I will be able to reenter the UK with a BRP that has expired for a month or two? My ILR is still valid.

My intention is to wrap up my travels and submit my BRP renewal application as soon as I return to UK soil.

Thanks, both!

Yes. Non-visa nationals can get on the plane without a BRP. You should be able to enter the UK as a settled person without any issues. As you were told ILR does NOT expire

Was your case successful?

Hi all. I am in a bit of a pickle with my expired BRP.

I am a non-visa national with ILR that is valid, although my BRP expired recently. I am currently abroad and looking for a job so I can return to the UK. I am interviewing and I think I should be able to secure a job end of the year or early next year. I can't renew my BRP abroad and I can't return to the UK and renew my BRP as I understand it could take up to 6 months.

How do I prove my right to work to my prospective employers?
I intend to renew my BRP as soon as I am back on British soil.

Thanks in advance for your help!

as2023 wrote: ↑

Fri Sep 15, 2023 11:13 am

Was your case successful?

I don't know yet. I have not yet been able to return to the UK due to my current commitments overseas. :-/

wwbwo wrote: ↑

Mon Oct 30, 2023 12:26 pm

Hi all. I am in a bit of a pickle with my expired BRP.

I am a non-visa national with ILR that is valid, although my BRP expired recently. I am currently abroad and looking for a job so I can return to the UK. I am interviewing and I think I should be able to secure a job end of the year or early next year. I can't renew my BRP abroad and I can't return to the UK and renew my BRP as I understand it could take up to 6 months.

How do I prove my right to work to my prospective employers?
I intend to renew my BRP as soon as I am back on British soil.

Thanks in advance for your help!

You need a BRP for that. So you get a temporary visa and get back and apply to renew your BRP. You were advised extensively in April

You cannot apply for a replacement BRP outside the UK. Instead, you’ll need to apply for a ‘replacement BRP visa’, which lets you re-enter the UK once only. It costs £154.

https://www.gov.uk/biometric-residence- ... en-damaged

Thanks, Zimba.

Yeah, my situation has changed since April and I was unable to return before my BRP expired; I was about to secure a job then but it it all fell through. For financial reasons, I can't to return to the UK without a job, I am worried about being unemployed for an extended period of time... so it's a bit of a catch 22.

Do you have further information on the BRP Replacement Visa? There doesn't seem to be much information on it.

• What is the window within which one must return to the UK upon being granted the BRP Replacement Visa?

• Do non-visa nationals need the BRP Replacement Visa to reenter the UK and prove right to work?

Thanks very much, Zimba.

wwbwo wrote: ↑

Mon Oct 30, 2023 1:07 pm

Thanks, Zimba.

Yeah, my situation has changed since April and I was unable to return before my BRP expired; I was about to secure a job then but it it all fell through. For financial reasons, I can't to return to the UK without a job, I am worried about being unemployed for an extended period of time... so it's a bit of a catch 22.

Do you have further information on the BRP Replacement Visa? There doesn't seem to be much information on it.

• What is the window within which one must return to the UK upon being granted the BRP Replacement Visa?

• Do non-visa nationals need the BRP Replacement Visa to reenter the UK and prove right to work?

Thanks very much, Zimba.

BRP Replacement Visa allows people who do not have a BRP to enter the UK as residents. You probably get 30 days to enter the UK after they give you the sticker.

You MUST have a BRP to get a share code to prove your right to work. Alternatively, you can ask a prospective employer to use the employment checking service if you cannot give them a share code. See: https://www.gov.uk/employee-immigration ... ent-status

I've seen some employers being unnecessarily pedantic and demanding a share code though.

Thanks, Zimba.
I've also just gone through the Replacement BRP visa form; sharing here for the benefit of others in a similar situation. Replacement BRP visa gives you 90 days to return to the UK, according to the form. The form also asked "Date you plan to arrive in the UK"; I don't know whether that impacts the 90 days in any way.

Probably impacts the date they issue the visa

wwbwo wrote: ↑

Mon Oct 30, 2023 5:19 pm

Thanks, Zimba.
I've also just gone through the Replacement BRP visa form; sharing here for the benefit of others in a similar situation. Replacement BRP visa gives you 90 days to return to the UK, according to the form. The form also asked "Date you plan to arrive in the UK"; I don't know whether that impacts the 90 days in any way.

Yes, so as to know from when to indicate period of validity aligning your proposed date with the days of validity.