Returning Resident Visa with Indefinite Leave to Enter but no BRP

[KrisztinaV]

Hi there,

I am writing to request clarification on my entry vignette and BRP:

I was granted Indefinite Leave to remain in July 2002 and lived in the UK between 1999 and 2014. I am married to British national and have two British children. We left the UK as a family to live in Germany with my husband's work in 2014 and returned on 25th Sept 2021 after I had applied for a Returning Resident Visa which was granted although I had received no confirmation letter or any correspondence from the Home Office apart from the Entry Clearance Vignette.

When applying for the Returning Resident Visa, it was stated in the form that I would receive a BRP. After trying to collect my BRP from the named post office several times, I had contacted the BRP collection service who informed me that there is no BRP for me and I was told that I had to make a NTL application to confirm my status.

My understanding was that upon receiving the Returning Resident Entry Clearance, my previous Indefinite Leave to Remain was reinstated and I no longer have any restrictions on my stay here and I can work. I also understood that I would receive a BRP.

At this point, I am now completely confused as to what had happened and what my actual status is.

My vignette has a six months expiry date and it is endorsed with Settlement - Indefinite Leave to Enter.
It is not clear to me what the expiry date on it actually means. Does this mean that I cannot stay as a returning resident beyond the expiry date and I could be removed from the UK past the expiry date?

I would also need to return to work and therefore need a BRP. I wanted to check and clarify if there was a mistake in not issuing a BRP for me.
If there should be a BRP, who can I contact to request one?

Given my personal circumstances with a family and young children to look after, I would like to ask some advice on what my rights are and how to proceed. Many thanks, k

[zimba]

When you are settled, the expiry date on your vignette or even a BRP is irrelevant. ILR status does NOT expire. That vignette is only issued to enable you to enter the UK. They must have issued you a BRP. It seems they did not so you must apply for a BRP to prove you have no time limit (historically you should have applied for an NTL application but now it is all done under the BRP application). It costs £299 and will take around 6 months. Just to note that you may not be able to travel or start work until you get your BRP.

https://visas-immigration.service.gov.u ... nt-service

you want to update, replace or transfer your biometric residence permit (BRP)

[KrisztinaV]

Thank you for clarifying my status. That is great news.

If you reckon they must have issued a BRP or should have done, who can I contact to clarify if it is indeed coming but it is late due to processing times - I was told by the post office that there are delays. Having said that I had no communication from the Home Office about the collection at all.

Many thanks for your response.
K

[zimba]

Yes they should have issued a BRP for collection upon returning, as per official returning resident guide:

Granting entry clearance
Where a person’s leave has lapsed due to an absence of more than 2 years outside
the UK, and they satisfy the requirements in paragraph 19 of the Rules, they must be
issued indefinite leave to enter. This will be granted on a visa valid for 30 days and
endorsed with Indefinite Leave to Enter. A person must travel into the UK during the
validity of the visa, where their BRP will be available for collection from the
nominated Post Office.

https://assets.publishing.service.gov.u ... 3.0ext.pdf

Report to UKVI: https://www.gov.uk/biometric-residence- ... ot-arrived
You may also complain to the UKVI: https://www.gov.uk/government/organisat ... o-complain