FLR(M) Replacement BRP Urgent Help - Police Registration

[MrGamgee]

Hi

I was just granted FLR(M) extension with an email stating the following: "Your application under the Partner (FLR M) route of the Immigration Rules has been successful."

It also says this:

"This notice sets out all of the conditions of your permission to stay in the UK so please read it carefully" it says I can work, study but not access public funds.

I received my BRP and it had a spelling mistake on it so I reported it within 1 day. Today I received an email from the BRP error team saying that my BRP has been cancelled and a replacement one will be sent to me. The email then goes on to say:

"Applicants granted limited leave to remain/enter in the UK who are required to register with the police as a condition of their leave may no longer see the condition appear on their Biometric Residence Permit. The requirement to register is instead confirmed on their entry clearance Vignette or in this email.

You will now need to register with the police using your replacement BRP. You must register within 7 days from the date of this email or within 7 days of receipt of your replacement Biometric Residence Permit. Your passport, Biometric Residence Permit, recent passport size photographs and this letter must be provided for registration purposes. Please check with your registration office what other documentation you will be required to produce. Please refer to https://www.gov.uk/register-with-the-police for further information about registering with the police. "

Right after this email, I received the exact same decision email as the first one mentioned above and the conditions listed do not mention police registration at all!

I am so confused as I'm supposed to be exempt as I'm on a spouse visa (my previous FLR(M) paper decision letter stated I was not required to register with the police) while at the same time the conditions listed on both email decisions for this application doesn't mention police registration either! What am I supposed to do? Has anyone got any advice?

Thanks

[MrGamgee]

Can someone assist?

[vinny]

Registration with the police (paragraphs 325 to 326) *Deleted*

325. For the purposes of paragraph 326, a “relevant foreign national” is a person aged 16 or over who is:

• (i) a national or citizen of a country or territory listed in Appendix 2 to these Rules;
• (ii) a stateless person; or
• (iii) a person holding a non-national travel document.

326.

• (1) Subject to sub-paragraph (2) below, a condition requiring registration with the police should normally be imposed on any relevant foreign national who is:
  • (i) given limited leave to enter the United Kingdom for longer than six months; or
  • (ii) given limited leave to remain which has the effect of allowing him to remain in the United Kingdom for longer than six months, reckoned from the date of his arrival (whether or not such a condition was imposed when he arrived).
• (2) Such a condition should not normally be imposed where the leave is given:
  • (i) as a Seasonal Worker;
  • (ii) as a Temporary Worker, provided the Certificate of Sponsorship Checking System reference for which points were awarded records that the applicant is being sponsored as an overseas government employee or a private servant is a diplomatic household;
  • (iii) as a T2 Minister of Religion;
  • (iv) on the basis of marriage to or civil partnership with a person settled in the United Kingdom or as the unmarried or same-sex partner of a person settled in the United Kingdom
  • (v) as a person exercising access rights to a child resident in the United Kingdom;
  • (vi) as the Parent of a Child Student; or
  • (vii) following the grant of asylum.
• (3) Such a condition should also be imposed on any foreign national given limited leave to enter the United Kingdom where, exceptionally, the Immigration Officer considers it necessary to ensure that he complies with the terms of the leave.

Perhaps they were confused or sent the wrong email or your circumstances are exceptional? Can you reply and ask back via their email? Else, take their emails to the police and ask them? If the police decide to do nothing, then get their decision in writing as evidence.

[MrGamgee]

I'm concerned because what strikes me as odd is the decision email lists all of my conditions and police registration is not one of them. Yet an email from the BRP error team says otherwise. Do you think I should still go to the police once I receive my replacement BRP?

[AmazonianX]

I'm concerned because what strikes me as odd is the decision email lists all of my conditions and police registration is not one of them. Yet an email from the BRP error team says otherwise. Do you think I should still go to the police once I receive my replacement BRP?

If still in doubt, follow what Vinny stated above.

[MrGamgee]

I'm concerned because what strikes me as odd is the decision email lists all of my conditions and police registration is not one of them. Yet an email from the BRP error team says otherwise. Do you think I should still go to the police once I receive my replacement BRP?

If still in doubt, follow what Vinny stated above.

It's very likely that they'll ask to register me either way. I'm wondering if this is an error on the BRP team and I do end up registering when I didn't need to, could that affect anything?

I was also wondering if submitting a complaint to UKVI might help as I'm getting conflicted information from my email decision to the BRP error team?

[CR001]

"Applicants granted limited leave to remain/enter in the UK who are required to register with the police as a condition of their leave

The email does not state that you specifically have to do this. It refers to those who potentially are required. It is a generic email.

[vinny]

"Applicants granted limited leave to remain/enter in the UK who are required to register with the police as a condition of their leave may no longer see the condition appear on their Biometric Residence Permit. The requirement to register is instead confirmed on their entry clearance Vignette or in this email.

You will now need to register with the police using your replacement BRP. You must register within 7 days from the date of this email or within 7 days of receipt of your replacement Biometric Residence Permit. Your passport, Biometric Residence Permit, recent passport size photographs and this letter must be provided for registration purposes. Please check with your registration office what other documentation you will be required to produce. Please refer to https://www.gov.uk/register-with-the-police for further information about registering with the police. "

The second paragraph seems like an order?

[MrGamgee]

"Applicants granted limited leave to remain/enter in the UK who are required to register with the police as a condition of their leave

The email does not state that you specifically have to do this. It refers to those who potentially are required. It is a generic email.

The email also says "The requirement to register is instead confirmed on their entry clearance Vignette or in this email." The wording makes it seem like I have to because right underneath it it says “you will now need to register".

The reason I'm anxious is because when I first had a fiance visa back in 2019 I was given an incorrect endorsement of registering within 7 days of arrival (I did register with the police), then after the first FLR(M), the decision letter stated specifically if I was required to register with the police I am no longer required. This is my second FLR(M) and as there is no standard paper decision letter, the decision email contains less information than the paper one, however, it does confirm my permission has been extended and my conditions are work permitted, study permitted and no access to public funds. The email does not mention police registration.

When I first received my first BRP it was all good and fine but they misspelt my date of birth. I reported it on the same day I received it and yesterday I got the email to say my replacement BRP will be issued and my current BRP is cancelled, it then went on to say that I should cut my current BRP and show them evidence via email and also the bit about police registration which I copy pasted into this thread.

Problem is from my perspective you can read the email like a generic one or a specific one but I really don't know what to do. I don't know if I should register or if I shouldn't and whether I have any defence if I don't (given the fact my decision email doesn't state it)

Further advice would be greatly appreciated

[MrGamgee]

I meant to say they misspelt my place of birth and not date of birth.

[MrGamgee]

I also forgot to add that my nationality is on the list to register usually, however, I shouldn't do because of being married to a British person

[vinny]

326(3) gives them powers to impose a condition to register with the police on practically any foreign national with limited leave.

If you received two inconsistent emails, then I suspect one of them is in error. I agree that their spelling mistake correction shouldn’t result in a reinstatement of police registration.

Unfortunately, the second email did not rescind the first email. You are not at fault for attempting to register, if you are not required to. But you are at fault for not registering, if you are required to do so.

To cover yourself in a hostile environment, avoid doubt, and for your peace of mind, I suggest you ask the email sender or police to clarify your police registration requirements in writing. Else, a caseworker may use the unrescinded email requiring police registration against you in the future?

[MrGamgee]

326(3) gives them powers to impose a condition to register with the police on practically any foreign national with limited leave.

If you received two inconsistent emails, then I suspect one of them is in error. I agree that their spelling mistake correction shouldn’t result in a reinstatement of police registration.

Unfortunately, the second email did not rescind the first email. You are not at fault for attempting to register, if you are not required to. But you are at fault for not registering, if you are required to do so.

To cover yourself in a hostile environment, avoid doubt, and for your peace of mind, I suggest you ask the email sender or police to clarify your police registration requirements in writing. Else, a caseworker may use the unrescinded email requiring police registration against you in the future?

Thank you for replying. I was also thinking the same thing.

On the back of this I do have 3 questions:

1. I am pretty sure the police will register me because last time when I had the letter saying you are not required to register, the police ignored it and attempted to register me either way but then I had to escalate it internally for them to realise their mistake. They would register now me to cover themselves given the fact my BRP email will say I should register. I still haven't received my replacement BRP and in order to register I will need it. Am I allowed to wait to receive the BRP first to register or does the email make it sound like I should register within 7 days of the email even-though one of the requirements is to have a BRP to register? (This is why it's so odd!)

2. Since I was given leave many days before my replacement BRP, could anything be held against me that I didn't register when my first BRP came through (with a spelling mistake) even-though I was not informed to register in the decision email at that point and only told when I reported the BRP error?

3. I was granted FLR(M) as per the decision email and so I'm assuming this is the 5 year route and so next time I won't be applying to extend but to settle instead. As far as I'm aware the SET(M) application form does not ask whether I was required to register with the police (FLR(M) asks this), if it does not ask whether I was required to register, would I need to supply the PRC or should I only supply it if asked for it given that my situation is odd here (looks like it's not on SET(M) form because they don't usually expect you to register when on FLR(M), otherwise why not ask for it?)

[vinny]

1. I think the police would need to see a physical BRP when registering you.
2. No, if you had received notification that you no longer need to register, then you may stop registering. If you had not received any notification to reregister, then there is no requirement to reregister.
3. I think there will no need to supply a Police registration if they do not ask for one on the form. However, if a caseworker saw the registration email requirement in your records, then they may later ask for evidence?

I think the simplest way may be just to ask the BRP error team what, if anything, that they expect you to do with respect to your police registration requirement, in light of these two emails. Attach copies of their two emails to them. Hopefully, they may confirm that the police registration requirement email was either sent in error or that it wasn’t sent in error?

[MrGamgee]

1. I think the police would need to see a physical BRP when registering you.
2. No, if you had received notification that you no longer need to register, then you may stop registering. If you had not received any notification to reregister, then there is no requirement to reregister.
3. I think there will no need to supply a Police registration if they do not ask for one on the form. However, if a caseworker saw the registration email requirement in your records, then they may later ask for evidence?

I think the simplest way may be just to ask the BRP error team what, if anything, that they expect you to do with respect to your police registration requirement, in light of these two emails. Attach copies of their two emails to them. Hopefully, they may confirm that the police registration requirement email was either sent in error or that it wasn’t sent in error?

I have emailed them. It says it can take up to 20 working days for them to reply and so they put me in a predicament to have to register until they reply (if they do reply at all that is). I guess it would be fine to register and then depending on their reply I can stop registering?

[vinny]

Don’t worry about late police registrations.

[MrGamgee]

Don’t worry about late police registrations.

Thank you very much for taking the time to help me. I will update you all on what happens next. Hopefully it all works out whether I have to register or not.

[MrGamgee]

Hello

I just wanted to provide an update on this situation. After contacting the BRP error team they replied to me today saying that I should ignore the police registration as it was an admin mistake and they apologized for the inconvenience caused.

I have now received my new BRP and it's all fixed!

Thank you all very much for your help (especially Vinny)!

[vinny]

You’re welcome. Good news!