My Wife's BRP did not Arrive at the Post Office After they Entered the UK with Their Vignette Sticker

[atom229]

Dear Team,

My wife applied for a Dependent Settlement UK VISA around May 2023 and VISA got approved on 27nd July 2023. We traveled together to the UK on 9th August 2023.

Our background is that, I was offered a job in the NHS and me and my wife applied our visas together. Me as a primary applicant and my wife as a dependent. We were both given an entry clearence vignette. However, mine was for the standard 90 days and my wife's was for 19 days.

After 15 days of arriving in the UK we went to post office to collect our BRP cards, but surprisingly her BRP card has not arrived at post office.
So we sent an email to "BRPCollection@homeoffice.gov.uk"
Through the UKVisa.Gov website.

Then I got a reply saying that...

''You will not receive a BRP as your visa is valid for less than 6 months
Accordingly, you should use the Entry Clearance vignette you have been issued in your passport to enter the UK and evidence of your right to be here.

If you feel that the leave you have been issued is incorrect, please complete an online form - www.gov.uk/biometric-residence-permits/report-problem

My wife's vignette sticker was less than 5 months validity and expired on the 16th of Aug 2023.

Even though I paid all the fees (both IHS & Application) and her entry clearance approved I don't know how to register them for GP and School since BRP which would serve as an identification right to stay hasn't been delivered and moreover I'm been told she don't qualify for a BRP is mind boggling.

We thought the vignette sticker is for initial entry, that is to enable her to enter the United Kingdom, then collect their BRP card in UK.

We have now contacted a sollicitor who is inquiring for an explanation from the Home office. However, we have not got any reply. Our sollicitor has reassured us that there has been a mistake from the home office and we a planning to go to court to dispute the situation.

I think there is a mistake somewhere or I need better clarification to understand the situation. I am confused as to the steps that we are taking. Is there a better sollution to this?


Could you please advice on what to do next.?
We are currently at a crossroads and do know what to do next.

Thanks & Regards,
atom229

[Ticktack]

Dear Team,

My wife applied for a Dependent Settlement UK VISA around May 2023 and VISA got approved on 27nd July 2023. We traveled together to the UK on 9th August 2023.

Our background is that, I was offered a job in the NHS and me and my wife applied our visas together. Me as a primary applicant and my wife as a dependent. We were both given an entry clearence vignette. However, mine was for the standard 90 days and my wife's was for 19 days.

After 15 days of arriving in the UK we went to post office to collect our BRP cards, but surprisingly her BRP card has not arrived at post office.
So we sent an email to "BRPCollection@homeoffice.gov.uk"
Through the UKVisa.Gov website.

Then I got a reply saying that...

''You will not receive a BRP as your visa is valid for less than 6 months
Accordingly, you should use the Entry Clearance vignette you have been issued in your passport to enter the UK and evidence of your right to be here.

If you feel that the leave you have been issued is incorrect, please complete an online form - www.gov.uk/biometric-residence-permits/report-problem

My wife's vignette sticker was less than 5 months validity and expired on the 16th of Aug 2023.

Even though I paid all the fees (both IHS & Application) and her entry clearance approved I don't know how to register them for GP and School since BRP which would serve as an identification right to stay hasn't been delivered and moreover I'm been told she don't qualify for a BRP is mind boggling.

We thought the vignette sticker is for initial entry, that is to enable her to enter the United Kingdom, then collect their BRP card in UK.

We have now contacted a sollicitor who is inquiring for an explanation from the Home office. However, we have not got any reply. Our sollicitor has reassured us that there has been a mistake from the home office and we a planning to go to court to dispute the situation.

I think there is a mistake somewhere or I need better clarification to understand the situation. I am confused as to the steps that we are taking. Is there a better sollution to this?


Could you please advice on what to do next.?
We are currently at a crossroads and do know what to do next.

Thanks & Regards,
atom229

Can you post the approval letter? Please remove personal details and identifiers. There might be some key details in there.

[atom229]

She did not get an approval letter.

[vinny]

If they had applied for a Skilled worker or Health and Care Worker partner/child, then their period of leave is subject to

Period and conditions of grant for a dependent partner or dependent child of a Skilled Worker

SW 36.1. A partner will be granted:

• (a) permission which ends on the same date as their partner’s permission as a Skilled Worker; or
• (b) 3 years’ permission if the Skilled Worker was (or is being) granted settlement as a Skilled Worker.

SW 36.2. A child will be granted permission which ends on the same date as whichever of their parents’ permission ends first, unless both parents have (or are being granted) settlement or British Citizenship, in which case the child will be granted permission for 3 years.

If you have not been granted ILR, then SW 36.1.(a) applies to her. Their entry clearance vignette’s and subsequent BRP’s period of leave should be in line with yours.

Ask them to correct their error for free.

Moreover, there shouldn’t be any IHS charges?