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Apply for ILR while waiting for a BRP replacement decision

Posted: Thu Oct 07, 2021 9:21 am
by ashali
We are wondering if anyone has the experience of a BRP replacement after a name change.
I submitted a replacement BRP application in May and had biometric taken in early 10th June. While after multiple phone calls to the HM call centre, it's still waiting to be processed. To my horror, after reading through this forum, I realised that this can take as long as 6 months! During this waiting period, I already cancel multiple work trips, familytrips, and now I am not optimistic about Christmas trips to see the families.

I am eligible to apply for ILR now, which I have the option to use priority service. But do I need to wait for the replacement decision before I start my ILR application? Is it possible to somehow address the issue in a cover letter or there is any written legislation against submitting while waiting for a replacement card?

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Fri Oct 08, 2021 11:44 am
by zimba
ashali wrote:
Thu Oct 07, 2021 9:21 am
We are wondering if anyone has the experience of a BRP replacement after a name change.
I submitted a replacement BRP application in May and had biometric taken in early 10th June. While after multiple phone calls to the HM call centre, it's still waiting to be processed. To my horror, after reading through this forum, I realised that this can take as long as 6 months! During this waiting period, I already cancel multiple work trips, familytrips, and now I am not optimistic about Christmas trips to see the families.

I am eligible to apply for ILR now, which I have the option to use priority service. But do I need to wait for the replacement decision before I start my ILR application? Is it possible to somehow address the issue in a cover letter or there is any written legislation against submitting while waiting for a replacement card?
You do NOT need a new BRP for ILR. Simply go ahead and apply for ILR

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Fri Oct 08, 2021 12:33 pm
by ashali
Zimba wrote:
Fri Oct 08, 2021 11:44 am
ashali wrote:
Thu Oct 07, 2021 9:21 am
We are wondering if anyone has the experience of a BRP replacement after a name change.
I submitted a replacement BRP application in May and had biometric taken in early 10th June. While after multiple phone calls to the HM call centre, it's still waiting to be processed. To my horror, after reading through this forum, I realised that this can take as long as 6 months! During this waiting period, I already cancel multiple work trips, familytrips, and now I am not optimistic about Christmas trips to see the families.

I am eligible to apply for ILR now, which I have the option to use priority service. But do I need to wait for the replacement decision before I start my ILR application? Is it possible to somehow address the issue in a cover letter or there is any written legislation against submitting while waiting for a replacement card?
You do NOT need a new BRP for ILR. Simply go ahead and apply for ILR
Thank you so much for answering this Zimba! I am just getting nervous about this now, as I applied for a BRP replacement after a name changed so that I was hoping the new BRP will show the new name. However, this has taken too long and we are still waiting for a decision.

I've been told that I can not submit because the ILR need to fill in the new BRP number instead of the old BRP number by a lawyer. To me, this is confusing, seems many people had changed their news after marriage, do they first need to replace a BRP with the new name before ILR application?

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Fri Oct 08, 2021 3:04 pm
by zimba
In the UK you do not need a legal name change after marriage. You can use your married name without changing anything alongside your marriage certificate. The advice given to you is nonsense. Apply for ILR

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Mon Oct 11, 2021 10:06 am
by ashali
Zimba wrote:
Fri Oct 08, 2021 3:04 pm
In the UK you do not need a legal name change after marriage. You can use your married name without changing anything alongside your marriage certificate. The advice given to you is nonsense. Apply for ILR
Thank you for the clarification. I might go ahead to send in the application.
Since we've already sent the BRP replacement due to a name change to HM, in the ILR application, shall I use the old name (same as the old BRP card)? or shall I use the new name (which supposedly shown in the new BRP card that is still waiting for a decision)?

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Mon Oct 11, 2021 12:31 pm
by zimba
Use the name in the passport :!:

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Mon Oct 18, 2021 11:53 am
by ashali
Zimba wrote:
Mon Oct 11, 2021 12:31 pm
Use the name in the passport :!:
Thank you so much for the clarification. We will give it a go. But I've just been informed by the lawyer that highly likely the new BRP issued if the ILR is granted, will be under the old name, which may require another round of waiting time to update the new BRP :evil:

Re: Apply for ILR while waiting for a BRP replacement decision

Posted: Mon Oct 18, 2021 2:57 pm
by zimba
ashali wrote:
Mon Oct 18, 2021 11:53 am
Zimba wrote:
Mon Oct 11, 2021 12:31 pm
Use the name in the passport :!:
Thank you so much for the clarification. We will give it a go. But I've just been informed by the lawyer that highly likely the new BRP issued if the ILR is granted, will be under the old name, which may require another round of waiting time to update the new BRP :evil:
Your lawyer is talking rubbish as usual. After getting the ILR BRP, any other older BRP will be invalid