Re-enter the UK with 1 day left on BRP card?

Masterixas · Post by **Masterixas** » Fri Jan 20, 2023 6:35 pm

HI everyone:

So my wife got a leave to remain BRP Card that expires on the 3rd Aug. I know we can apply for the now IRL 28 days before expiration.

However we would like to travel abroad between the 27th Jul to 2nd Aug.

So here's the question.... Can my wife re-enter the UK with her BRP card with only 1 day validity on it or would that be an issue? I'm not aware of a minimum amount BRP card must have to be valid but I will not like to risk it. I looked everywhere online I cannot find an answer to this so I was hoping you guys can help me.

Also if the answer is yes she can come into the UK with still 1 day left on the BRP card, then I guess the new application for the IRL can be done past the 28 days before expiration, or is that an issue if you apply a few days past after the expiration of the BRP?

Thank you in advance

CR001 · Post by **CR001** » Fri Jan 20, 2023 6:46 pm

She must apply for ILR BEFORE her visa expires. You cannot apply after it expires, she will be an overstayed from the day after expiry.

She can apply for ILR nytime within 28 days before meeting the residence requirement up to the last date of her visa. She must be in the uk to apply.

Why do you want to take such a big risk to travel so close to expiry? What if there are travel issues and delays coming back?

AmazonianX · Post by **AmazonianX** » Fri Jan 20, 2023 10:58 pm

Masterixas wrote: ↑
Fri Jan 20, 2023 6:35 pm
HI everyone:

So my wife got a leave to remain BRP Card that expires on the 3rd Aug. I know we can apply for the now IRL 28 days before expiration.

However we would like to travel abroad between the 27th Jul to 2nd Aug. There are so many unforseen situations beyond your control that can negate being able to return 1 day to expiry of current leave and jeopardise her immigration journey. If you can adjust your travel schedule to have more wiggle room.

So here's the question.... Can my wife re-enter the UK with her BRP card with only 1 day validity on it or would that be an issue? I'm not aware of a minimum amount BRP card must have to be valid but I will not like to risk it. I looked everywhere online I cannot find an answer to this so I was hoping you guys can help me.

Also if the answer is yes she can come into the UK with still 1 day left on the BRP card, then I guess the new application for the IRL can be done past the 28 days before expiration, or is that an issue if you apply a few days past after the expiration of the BRP?

Thank you in advance

Masterixas · Post by **Masterixas** » Fri Jan 20, 2023 11:20 pm

Yes thank for the advise. We can go from the 24th July until the 1st August or 31st July which will be a few days before expire date which the 3rd August. We can submit the application on the 1st Aug by having all paper work ready before hand that is not an issue.

My question is would the immigration officers at the border have an issue with her entering the UK with her BRP card with 1 or 2 days left on it or are they "obliged" to let her in as it still lawfully valid? That is what we need to know because to travel aboard you just have a passport minimum 6 months valid. Do the UK immigration also have a policy on minimum validity on these BRP cards, or are they good up until what it says on them no matter if only 1 day left?

AmazonianX · Post by **AmazonianX** » Sat Jan 21, 2023 2:12 am

Masterixas wrote: ↑
Fri Jan 20, 2023 11:20 pm
Yes thank for the advise. We can go from the 24th July until the 1st August or 31st July which will be a few days before expire date which the 3rd August. We can submit the application on the 1st Aug by having all paper work ready before hand that is not an issue.

My question is would the immigration officers at the border have an issue with her entering the UK with her BRP card with 1 or 2 days left on it or are they "obliged" to let her in as it still lawfully valid? That is what we need to know because to travel aboard you just have a passport minimum 6 months valid. Do the UK immigration also have a policy on minimum validity on these BRP cards, or are they good up until what it says on them no matter if only 1 day left?

No there is no such policy, holder can come in till the last day of validity of the leave.
Previous response is solely to mitigate impact of unforseen circumstances getting holders trapped out of the UK due to expiration of leave if travel is planned with no margin.

zimba · Post by **zimba** » Sat Jan 21, 2023 7:56 pm

Masterixas wrote: ↑
Fri Jan 20, 2023 11:20 pm
Yes thank for the advise. We can go from the 24th July until the 1st August or 31st July which will be a few days before expire date which the 3rd August. We can submit the application on the 1st Aug by having all paper work ready before hand that is not an issue.

My question is would the immigration officers at the border have an issue with her entering the UK with her BRP card with 1 or 2 days left on it or are they "obliged" to let her in as it still lawfully valid? That is what we need to know because to travel aboard you just have a passport minimum 6 months valid. Do the UK immigration also have a policy on minimum validity on these BRP cards, or are they good up until what it says on them no matter if only 1 day left?

There is no minimum validity required for a BRP. Your BRP visa is valid for travel and entry until the expiry date.
However, suppose you travel on the last day of your BRP. In that case, the border staff can demand that you explain how you will aim to avoid becoming an overstayer given you do not have enough validity to stay legally beyond maybe a few hours. They can very well decide that admission of such a person will lead to overstaying and therefore decide to refuse entry. You may even end up at the border the next day due to a flight delay and be totally inadmissible. Such travel planning is very risky and is NOT advised at all. At least allow a few days to come back and have some room to apply for ILR.

Also note that the UK border force is not obliged to admit an immigrant, even with a valid visa. All migrants (including ILR holders) are subject to immigration controls and can be denied entry to the UK if they are unfit to be admitted as per the rules. The only people who are NOT subject to immigration controls are British citizens.

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Re-enter the UK with 1 day left on BRP card?

Re-enter the UK with 1 day left on BRP card?

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