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Re-entering UK with expired BRP card

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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redstrat
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Re-entering UK with expired BRP card

Post by redstrat » Sat Mar 11, 2017 1:17 pm

I've trawled through the forum but can't find my scenario. My family has ILR and my youngest kids' BRP cards expire in June this year. I was going to send off the applications but when I enquired about processing time I was told "up to 6 months". Two of my kids have trips abroad planned and they'll be returning about a month after the expiry date on their cards. I can't risk their not having their passports.

Will they be able to re-enter the UK with the recently expired cards? I did enquire on the Home Office number and they suggested I call Heathrow. I did this and the person said if when they look up the system it shows they have ILR they will get through. But I'm asking if anyone has managed to re-enter with a valid ILR but expired card?

From what I gather they will also need to get their fingerprints etc taken again. I can't fathom why as they are on file so if anyone could tell me I'd love to know the logic.

Grateful for any advice. Cheers, Max

vinny
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Re: Re-entering UK with expired BRP card

Post by vinny » Sat Mar 11, 2017 2:05 pm

Yes, if they could reach a UK port and satisfy a UK Immigration Officer that they are Returning Residents.

Their problem may be that the airlines won't let them board the plane.
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.

redstrat
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Re: Re-entering UK with expired BRP card

Post by redstrat » Sat Mar 11, 2017 2:12 pm

Thanks for the prompt reply. In fact, the man I spoke with at Heathrow said the same thing. From my experience when we've checked in we've only ever shown the kids' passports and the BRP card only ever comes out when returning to the UK.

vinny
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Re: Re-entering UK with expired BRP card

Post by vinny » Sat Mar 11, 2017 2:23 pm

redstrat wrote:the BRP card only ever comes out when returning to the UK.
The expired BRPs may be a problem for airline staff who don't understand ILR/ILE nor 18A.
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.

ritaks
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Re: Re-entering UK with expired BRP card

Post by ritaks » Fri Sep 15, 2017 10:07 am

I HAVE just been looking at this post as we are stuck in a similar situation. We are travelling to India in dec. but the BRP cards of both the kids expire on the 23rd of Nov.
The Immigration officer at Heathrow has said that it should be ok to travel as all of us have ILR and only the cards expire. How difficult will it be if we carry the immigration rules from the Gov website about the 'returning residents, for the kids to travel?
The document is on the government website and the airlines should homour it. Is that not the case? Also we we pay for the premium service, when can we apply for it? is it only after the cards expire or can we apply a monthe before the expiry date. Please let me know. really stressed.

redstrat
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Re: Re-entering UK with expired BRP card

Post by redstrat » Fri Sep 15, 2017 12:35 pm

Glad the thread is helpful. I'd meant to add to this so you've reminded me. My son recently returned from abroad with his expired BRP card (about 6 weeks expired) and went through Heathrow. He was told that the card was expired but was let through with no real problems.
Waiting times for replacement cards still looking to be best part of 6 months. Still waiting since mid June for 2 of my other kids' cards. Abysmal service. The premium option is over £500!

Richard W
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Re: Re-entering UK with expired BRP card

Post by Richard W » Fri Sep 15, 2017 11:44 pm

ritaks wrote:
Fri Sep 15, 2017 10:07 am
How difficult will it be if we carry the immigration rules from the Gov website about the 'returning residents, for the kids to travel?
If your family are Indian citizens, close to impossible.
ritaks wrote:
Fri Sep 15, 2017 10:07 am
The document is on the government website and the airlines should homour it. Is that not the case?
No. If one is to believe Passenger documents: when carriers are charged, the airline would be charged £2000 a head because they arrived with expired visas. I see no evidence that having leave to enter is enough on its own. Indeed, I believe one is supposed to get a BRP replacement visa (£169) or possible a returning resident visa (£478) - I'm not sure which. The Home Office seems to have forgotten that BRPs for ILR start expiring this year.

redstrat
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Re: Re-entering UK with expired BRP card

Post by redstrat » Sat Sep 16, 2017 7:00 am

Isn't the distinction here that it's not visa expiry but an ILR card that is expired? The right to be in the UK is still valid.
Also my son was asked after being let through with his expired BRP card to bring both his new and old BRP card the next time he re enters the UK. I'm not even sure they'll give the old card back. This seemed an odd request to me.

Richard W
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Re: Re-entering UK with expired BRP card

Post by Richard W » Sat Sep 16, 2017 3:14 pm

redstrat wrote:
Sat Sep 16, 2017 7:00 am
Isn't the distinction here that it's not visa expiry but an ILR card that is expired? The right to be in the UK is still valid.
Visa nationals who are spouses of non-British EEA citizens, and have no other right of entry or permission to entry, are also supposed to have some document from the British government, though the law says it's not necessary. It's lack generally results in denial of boarding. I gather that, as a practical concession, airlines would not be fined if the spouse were admitted. The UK border leaks at the transposed border controls on the continent, where such spouses can get access to the UK border. The Irish Sea is similarly leaky. FUD is the only tool for keeping out such spouses are not visa nationals, e.g. Americans and Australians, and lack a British document.

Also, it's not always straightforward to demonstrate that the ILR has not been lost by a 2 year absence. Some people carry a string of old passports to demonstrate that ILR has probably not been lost.
redstrat wrote:
Sat Sep 16, 2017 7:00 am
Also my son was asked after being let through with his expired BRP card to bring both his new and old BRP card the next time he re enters the UK. I'm not even sure they'll give the old card back. This seemed an odd request to me.
I agree; it sounds like nonsense. It sounds as though the IO got confused with the procedure for evidence of ILR in expired passports.
Last edited by Richard W on Sat Sep 16, 2017 3:20 pm, edited 1 time in total.

ritaks
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Re: Re-entering UK with expired BRP card

Post by ritaks » Mon Sep 18, 2017 9:51 am

Really not sure what to do. I am in two minds of paying £1200 for both the kids and to save the hassle. I am not sure what the immigration officers at new delhi would say if the minors have expired BRP'S. dID YOU NOT HAVE ANY ISSUES AT THE PORT OF BORDING?

Rash_mash
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Re: Re-entering UK with expired BRP card

Post by Rash_mash » Sat Dec 09, 2017 2:46 pm

Hi,

I am exactly in the same situation. Would you please guide me?

My family has ILR and we just realized my daughter's BRP card expired two weeks back even though she's on ILR. We are about to travel to India in couple of days :-(

Would my daughter be allowed to board the plane from India with the expired BRP card? I see it should not be a problem to enter at Heathrow but will they allow her to board in India?

Is the BRP Visa applicable for this case? The BRP card is not lost or stolen but it is expired and I don't know if this Visa is allowed for this case. If so, what are the documents to produce?

Any advice would greatly help as I am desperate :-(

Thanks

salmanbutt
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Re: Re-entering UK with expired BRP card

Post by salmanbutt » Wed Feb 14, 2018 11:09 pm

Hi,

did you manage to get to the uk with expired BRP?
I am in a similar situation and travelling next month, so can’t afford to risk sending my childs passport and expired permit card.

Any reply would be helpful.

Thanks

vinny
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Re: Re-entering UK with expired BRP card

Post by vinny » Thu Feb 15, 2018 10:23 pm

If inside the UK, then replace ILR BRP prior to travel.

Else, if outside the UK, then the best option is for the UKVI/Border Force to issue a waiver for the airlines, allowing passenger to travel in accordance with 18A.
UK visa requirements: list for carriers wrote:UK permanent residents
ALL nationals of the countries and territories listed below in red (underlined) need visas to enter or transit the UK....
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.

seasky
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Re: Re-entering UK with expired BRP card

Post by seasky » Fri Feb 16, 2018 10:22 am

Again the issue here in not the IO, it is the airline. This is an issue if you are not a visa waiver national (if you are say Canadian, the airline does not care about BRP as any Canadian can visit the UK etc)

This is not ideal but another option is if you have Schengen access you can go to Paris or Brussels (and in a year Amsterdam/Rotterdam) Eurostar, you will see an IO for sure and can get back to UK

redstrat
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Re: Re-entering UK with expired BRP card

Post by redstrat » Fri Feb 16, 2018 12:31 pm

Hi salmanbutt. My son was travelling from back to the UK by way of background. He did get back into Heathrow and explained the situation and he was let in without too much trouble and was told to renew the card. Every situation will be different.

seasky
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Re: Re-entering UK with expired BRP card

Post by seasky » Fri Feb 16, 2018 12:34 pm

redstrat wrote:
Fri Feb 16, 2018 12:31 pm
Hi salmanbutt. My son was travelling from back to the UK by way of background. He did get back into Heathrow and explained the situation and he was let in without too much trouble and was told to renew the card. Every situation will be different.
I have a lot of experince with Heathrow with tricky immigration status and they are unlikely to reject someone because of missing or out of date ILR BRP. They will go to the backrooms and check things on the computer (15 mins no big deal)

The issue is getting to LHR in the first place via the airlines....

vinny
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Re: Re-entering UK with expired BRP card

Post by vinny » Fri Feb 16, 2018 1:52 pm

Yes. Unfortunately, the UKVI's advice to carriers is misleading.
UK visa requirements: list for carriers wrote:ALL nationals of the countries and territories listed below in red (underlined) need visas to enter or transit the UK ...
It doesn't highlight that the underlined word ALL has exceptions, namely:
UK visa requirements: list for carriers wrote:UK permanent residents
If a visa national is permanently resident in the UK they do not need a visa, as long as they return to the UK within two years of their last departure.
It doesn't explain that UK permanent residents include ILR or ILE or ILR BRP holders. These people may have endorsements with irrelevant 'expiry dates'.

However, a good thing is that the advice has contact details, where, hopefully, the carriers may get correct information; if they can be persuaded to ask.
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.

salmanbutt
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Re: Re-entering UK with expired BRP card

Post by salmanbutt » Fri Feb 16, 2018 3:28 pm

Thanks all for your replies, @seasky which country did you travel from? and did the brp expire while abroad or did you travel with expired brp before you left the uk?

manishbhatt1000
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Re: Re-entering UK with expired BRP card

Post by manishbhatt1000 » Wed Aug 15, 2018 4:55 pm

Hi, We were travelling back from India yesterday when BA refused my minor daughter to Check-In as her BRP had expired. Came as a shock to us as we hadn't noticed. My wife and son ,who was on E-Visa, had to come back and I stayed back with my daughter. So distraught. Have called and visited VFS,BA, Home office payed services and everything but no-one has concrete answers to it. They all know to apply for replacement BRP if card is stolen but nothing if it's expired. Home office in UK advised my wife to check other airlines if they can bring my daughter as they confirmed her Visa was valid. Which airlines did you guys travel with expired BRP of ILR? So frustrated :cry: Any advice will be much appreciated.

manishbhatt1000
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Re: Re-entering UK with expired BRP card

Post by manishbhatt1000 » Thu Aug 16, 2018 4:59 pm

any advice plz? :cry:

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