BRP Stolen in the UK — Weird situation

Hi folks.

I'm asking about this on behalf of my friend because I'm really worried about her situation and she doesn't seem to understand how serious her problem is.

Background: She's a Japanese national studying in the UK and has been here for nearly three years now. A couple of days ago her wallet was stolen, which unfortunately had her BRP in it (but she still has her passport).

She filed a complaint with the police and applied for the replacement BRP from within the UK, but when I helped her fill out the application I noticed it said it could take up to 8 weeks for processing. As a Canadian living in the UK on a spouse visa, I know exactly how difficult and unpredictable UKVI can be to deal with, so this wasn't surprising to me at all.

The catch? She has a holiday booked a month from now, and she's telling me she's going to take her chances and go anyway. I'm trying to convince her of what a bad idea is. I don't think she understands the repercussions, and neither do I really—I was wondering if anyone had any insight on what would happen if she tried to return to the UK from Europe with no physical BRP in hand, but of course there would be records of her police report, application for a replacement, and scans/photographs of her original BRP.

I've heard stories that some officers could let students back into the country on a tourist visa, but that means they wouldn't be allowed to study. But could it really be something as harsh as cancelling her student visa?

She's very naive about these sorts of things, so I need to explain to her the risks, without giving her false information I don't really understand. I'd be heartbroken if she really screwed over her whole degree based on the desire to go on holiday.

(By the way, she absolutely cannot afford the same-day service—she can barely afford the basic replacement fee since she recently had to leave her part time job.)

Any help appreciated!

GCoady wrote: ↑

Fri Feb 15, 2019 2:14 pm

I was wondering if anyone had any insight on what would happen if she tried to return to the UK from Europe with no physical BRP in hand

If she really wants to travel outside the UK before her replacement BRP is issued, she will need to apply for a single-use BRP visa in order to re-enter. Refer her to UKCISA's guidance:

https://www.ukcisa.org.uk/Information-- ... layer-6156

She would need to follow the guidance at "BRP lost/stolen/damaged outside the UK".

GCoady wrote: ↑

Fri Feb 15, 2019 2:14 pm

I've heard stories that some officers could let students back into the country on a tourist visa, but that means they wouldn't be allowed to study. But could it really be something as harsh as cancelling her student visa?

Being admitted as a visitor would indeed cancel her student visa, but that is irrelevant here because she is not a visitor and would not be admitted as such.

GCoady wrote: ↑

Fri Feb 15, 2019 2:14 pm

She's very naive about these sorts of things, so I need to explain to her the risks, without giving her false information I don't really understand.

I strongly recommend you refer her to the international student advice service at her university. That's their job.

sah10406 wrote: ↑

Fri Feb 15, 2019 4:23 pm

I strongly recommend you refer her to the international student advice service at her university. That's their job.

Yeah, I did, and she went already and has submitted her application and is waiting for her appointment date, but she's still determined to try to get back into the UK even if her BRP doesn't arrive in time. Highly unlikely if she's leaving in a month. I don't think she's willing to pay for the single-entry BRP—I already mentioned that to her.

If she does apply for a single-entry BRP—does that have to be done from the country she's visiting? I've only seen that being used if people lose their BRP while on holiday rather than in the UK.

GCoady wrote: ↑

Fri Feb 15, 2019 10:57 pm

I don't think she's willing to pay for the single-entry BRP—I already mentioned that to her.

The international student adviser will also have told her about the single-use BRP. No disrespect, but your friend appears to think the rules are for other people, not her!

GCoady wrote: ↑

Fri Feb 15, 2019 10:57 pm

If she does apply for a single-entry BRP—does that have to be done from the country she's visiting?

Yes, of course. It could not be done from anywhere else because she needs to submit her passport in person for the vignette.

GCoady wrote: ↑

Fri Feb 15, 2019 10:57 pm

I've only seen that being used if people lose their BRP while on holiday rather than in the UK.

That's because most people who have lost their BRP and have applied for a replacement will decide to prioritise waiting for the replacement, not travelling without it. Those who do travel without it need to be prepared to take the time and money to apply for a single-use BRP in order to return to the UK.

Your friend may be in line for a hard lesson that the immigration rules apply to her, not just other people. As discussed, while in theory she could be admitted as a visitor on entry, that would cancel her Tier 4 leave. If the BFO does not accept she is a visitor, and correctly surmises she is a student without evidence of her leave, she risks being refused entry altogether or being temporarily admitted for a few days to collect her stuff and leave. If her studies are ongoing, she would need to return to Japan and apply for a new Tier 4 visa, assuming her Tier 4 sponsor is willing to issue a CAS for that. Some universities decide that people who flout the immigration rules are a "bad investment" and decide to not risk sponsoring them any further.

sah10406 wrote: ↑

Sat Feb 16, 2019 9:08 am

Your friend may be in line for a hard lesson that the immigration rules apply to her, not just other people. As discussed, while in theory she could be admitted as a visitor on entry, that would cancel her Tier 4 leave. If the BFO does not accept she is a visitor, and correctly surmises she is a student without evidence of her leave, she risks being refused entry altogether or being temporarily admitted for a few days to collect her stuff and leave. If her studies are ongoing, she would need to return to Japan and apply for a new Tier 4 visa, assuming her Tier 4 sponsor is willing to issue a CAS for that. Some universities decide that people who flout the immigration rules are a "bad investment" and decide to not risk sponsoring them any further.

She is generally incredibly naive about these sorts of things, no matter how hard I try to explain to her how strict UKVI is. I just had a further serious conversation with her about the potential consequences including what you mentioned, so I really hope it'll sink in and she'll postpone her holiday. You certainly don't have to convince me—I've been through the journey of marriage/spouse visas enough already to know how this isn't to be messed with.