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Clarification on Travel with expired BRP (ILR)

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Gana13
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Clarification on Travel with expired BRP (ILR)

Post by Gana13 » Mon May 16, 2022 12:41 pm

Need an urgent advise on the below please.

Myself and my wife, my eldest son (9 years old & born in India) and all three of us are having 'Indefinite Leave to Remain (ILR) ' in the UK. My younger son (1 year old) has a British passport.

The validity of the BRO card for myself and my wife is valid until 31-Dec-2024. However, I just realized that my eldest son (9 years old) BRP card validity is only until 03-May-2022 & it's expired now.

I have applied for BRP card renewal and I have received an email from UKVI saying that "UK Visa and Immigration (UKVI) is currently assessing whether your application can be progressed via the Identity Verification app (IDV app)". 
Therefore I am hoping that the document upload could be completed via the IDV app itself and there will be no need to attend the biometric appointment in-person for my child. (I heard one of my friend has received his BRP in 5 days when he completed the process in IDV app and in-person appointment total 2 months - getting appointment & receiving BRP for Tier2 general)

Now, we have two travel plans.  Can you please kindly support on the inputs how could continue with my travel along with my eldest son as well. Would the immigration & airlines allow to travel back in both the trips (hopefully i might get the BRP before trip-2 though) with the reference to in-progress application for BRP renewal & he has 'Indefinite Leave to Remain (ILR) ' in the UK.

Trip 1 :    Outbound from UK : 17-May-2022    Inbound to UK : 05-Jun-2022
Trip 2 :    Outbound from UK : July'22 (end of July)   Inbound to UK : 04-Sep-2022

Note : I am aware of the 'replacement BRP visa' (which cost £154) when your BRP is expired/lost/stolen while you are outside UK. However the lead time for that application also seems to be much longer (no definite answer from UKVI or VFS) and I might not get within my trip-1 travel duration which I couldn't consider now.

Many Thanks

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CR001
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Re: Clarification on Travel with expired BRP (ILR)

Post by CR001 » Mon May 16, 2022 12:43 pm

Without a valid BRP card, your older child will not be able to board a plane to return to the UK.

Proof of an application is meaningless as doesn't grant a person a 'valid' document to travel.
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Gana13
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Re: Clarification on Travel with expired BRP (ILR)

Post by Gana13 » Mon May 16, 2022 1:26 pm

Thanks a lot CR001.

I have seen some post references in this forum that they were able travel with expired BRPs (and been told to renew in UK).

Is it case by case (sort of depends on the situation / immigration officer etc) and its high risk to opt for?

Do i have any way out for my situation, please?

Also, any idea on BRP renewal timelines for ILR holder

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Re: Clarification on Travel with expired BRP (ILR)

Post by vinny » Mon May 16, 2022 4:25 pm

An issue is that the airlines may refuse to let a passenger with an expired BRP on a plane to the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Clarification on Travel with expired BRP (ILR)

Post by Gana13 » Mon May 16, 2022 7:47 pm

Thanks Vinny.

The other post is locked, so i couldn't ask in that thread.

Has anyone heard which airline has allowed the travellers (in my scenario it is child) to travel with expired BRP from India to UK.?


Note : As I have an option to apply 'replacement BRP visa' from India,
I have spoken to UKVI within India and they have mentioned average processing time is about 5-6 weeks for the same due to current backlog & UKVI prioritising the Ukarine situation (the normal guidelines is 3 weeks though).
I have spoken to person who works in VFS global Chennai-India. He also indicates there will de delay and it wont the usual (guideline) timelines.
I am not prepared to risk my child to attending school for 6 weeks (dont know the consequences for this situation), so applying from india might not be an option for my trip-1.

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Re: Clarification on Travel with expired BRP (ILR)

Post by secret.simon » Mon May 16, 2022 8:24 pm

Airlines are fined up to £2000 for each passenger that they fly to the UK with insufficient documents.
We will charge a carrier if a passenger arrives in the UK:
...
with an expired document
...
I would presume that most airlines would be reluctant. And most frontline airline staff may not be conversant with UK immigration law. Even if they merely hold you up at the airport while they check your status, the flight might take off without your family (as you will not have got past the checkin desk).

If you are still in the UK, I would suggest cancelling or deferring the trip.
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Gana13
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Re: Clarification on Travel with expired BRP (ILR)

Post by Gana13 » Tue May 24, 2022 11:51 am

I am now trying to book an appointment for child's BRP renewal application within UK. Can you please help me what are the documents I have to submit along with the below mentioned documents copy.

1. Copy of Child's existing BRP card.
2. Copy of Child's existing Passport
3. Copy of My (Father) BRP Card
4. Copy of My (Father) Passport

The document upload page is asking "proof of address, evidence to prove your continuous residency in the UK since becoming a permanent resident". What type of document should i provide for my child's application for this, please?

Thanks,

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Re: Clarification on Travel with expired BRP (ILR)

Post by Ticktack » Tue May 24, 2022 12:11 pm

Gana13 wrote:
Tue May 24, 2022 11:51 am
I am now trying to book an appointment for child's BRP renewal application within UK. Can you please help me what are the documents I have to submit along with the below mentioned documents copy.

1. Copy of Child's existing BRP card.
2. Copy of Child's existing Passport
3. Copy of My (Father) BRP Card
4. Copy of My (Father) Passport

The document upload page is asking "proof of address, evidence to prove your continuous residency in the UK since becoming a permanent resident". What type of document should i provide for my child's application for this, please? Your flag says India, so i'll work with that. Indians get stamped in every time they enter into the UK, so passport would suffice. Scan every page of your child's passport.

Thanks,
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Gana13
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Re: Clarification on Travel with expired BRP (ILR)

Post by Gana13 » Mon Jul 18, 2022 1:48 pm

I have received my child's new BRP card now.

The remark is showing it as 'No Time Limit' and earlier BRP is having the remark as 'Indefinite Leave to Remain'.

I hope its just how home office is having the remarks updated in the new BRP card. Isnt it? OR should i ask home office why its different?

Thanks,

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Ticktack
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Re: Clarification on Travel with expired BRP (ILR)

Post by Ticktack » Mon Jul 18, 2022 2:11 pm

Gana13 wrote:
Mon Jul 18, 2022 1:48 pm
I have received my child's new BRP card now.

The remark is showing it as 'No Time Limit' and earlier BRP is having the remark as 'Indefinite Leave to Remain'.

I hope its just how home office is having the remarks updated in the new BRP card. Isnt it? OR should i ask home office why its different?

Thanks,
It's the same thing as ILR/ILE.
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Re: Clarification on Travel with expired BRP (ILR)

Post by vinny » Mon Jul 18, 2022 3:41 pm

NTL is correct.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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