Checking ILR eligibility- compelling reason not to re-enter on time

[John3293]

Hi experts,

Thanks a lot for taking time reading my query.

I got into an unfortunate situation that forced me to stay outside of the UK for 180 days.

I am living in the UK as a Tier 2 healthcare worker (NHS Nurse) dependent visa, arrived in the UK in Aug 2019. My wife was granted ILR in June 2022. At the same time, I applied for my visa extension, which was granted for another 3 years (expiring in Jul 2025). I had used the UKVI; Immigration ID Check App to verify my identity (which was the biggest mistake I ever made in my life). On my decision letter, they said I will receive a BRP within 10 days. I did not receive my BRP even after 10 working days and when I enquired with the UKVI Helpline, they said as I used the UKVI IDC app, I will not receive a BRP and I will have to prove my visa status by creating a share code after logging into my UKVI account. When I checked the UK Gov website, that also confirms this (https://www.gov.uk/biometric-residence-permits)

As I could not convince my adamant wife to have our baby born in the UK (I know if my baby was born in the UK, she could have easily got the British Citizenship and could have saved a LOT OF MONEY!) and my mother was due for a surgery (thyroid organ removal, not because of cancer), I had to leave to my home country on the 12th working day of receiving the decision letter via email. My employer was kind enough to let me work from home in my home country. As time progressed, by God's grace, my mother recovered faster and didn't need a surgery and my baby was born in my home country and was feeling so relaxed/ comfortable.

As I know I need to head back to the UK within 180 days to avoid breaking 'the continuous stay in the UK' rule, I decided to head back to the UK on the 173rd day. My life was about to change that day because the airline did not accept my share code plus date of birth to verify my visa status and prompted me to show my BRP, which I never received. They rang their internal team and then reaffirmed that they will not accept my share code as a valid travel visa document and I had to go back home.

The I immediately wrote to the Home Office and they did not respond (but responded 4 MONTHS later, but still not resolved). Also I contacted my Local MP's office (bless the lovely staff and the him). Then I called up the UKVI helpline and they confirmed that I will not get a BRP as I used the UKVI ID Check app and instead, create a share code and show it to airline and that is the only option available for them. To get a written confirmation on this, I used the UKVI Online form and I got the following confirmations-

You can't apply for a BRP visa becuase your not issued with a BRP card.

You will need to speak to the Airline, you could speak to British and Virgin Airline and explain your situation.


and

You could travel to UK, you could create a share code to show your immigration status for UK.

Then I decided to travel with another airline on the 177th day paying a hefty one way ticket. It was not a direct flight. I were able to clear my home country's immigration and also the airline flight checking and able to reach the transit airport (Dubai). However, while boarding the final flight to the UK, airline staff refused entry to the aircraft citing the same issue the other airline did. In front of me, they called (don't know if they just pretended to call) the UK Border Security to check if I can be allowed to travel and finally they did not allow me on the aircraft and I had to fly back to my home country!!!! And I was so clueless what to do.

When I reached back at my home country, my employer started presurising me to come back. In the meantime, they issued me a BRP on the 190th day of getting the decision. As I weren't available in the UK that time, I could not collect, but was delivered to my friend as per my instruction another day. I heard through my MP that I can not travel with that BRP as it will be invalid as it was issued when I was away. Luckily, my MP's office got in touch with Home Office and they confirmed I were never issued with a BRP. Only option for me is to apply for a replacement BRP, which allows me to return to the UK. I applied it and received the permission to come back on the 205th day being away. I travelled back on the 225th day.

I hope my situation is clear.

Following are my questions-

1. Can I apply for ILR giving all these details along with proof (including UKVI helpline confirming that I will not receive a BRP and use the share code generated to prove my immigration status) by requesting the home office to grant relief to this particular 'compelling reason' to stay outside of the UK for 180 days?

Or

2. Should I wait for another 4 years to apply for ILR (as I arrived the UK on March 08, 2023 and then did not travel outside of the UK) ?

Many thanks in advance.

[zimba]

I strongly advise you to apply for ILR providing all the evidence and seeking discretion. This was all due to the UKVI's policy not to issue a BRP to a visa national but such policy inadvertently prevents a visa national from flying back to the UK, as you experienced.

[John3293]

I strongly advise you to apply for ILR providing all the evidence and seeking discretion. This was all due to the UKVI's policy not to issue a BRP to a visa national but such policy inadvertently prevents a visa national from flying back to the UK, as you experienced.

Thanks a lot for your time and reply. This certainly helps. I believe I did no mistake. But the cost of this was huge! I am planning to apply for myself and my daughter along with my application. Hope they approves this.

On another note, I had changed my permanent address in my home country and got a new passport (updated on my UKVI account as well). While feeding in the Set (O) form, should I show it somewhere?

[zimba]

Just use your current passport while applying. You address back home is not relevant

[John3293]

Hi team,

Hope you are well.

As home owners, we were offered free wall cavity insulation by a government scheme called 'Great British Insulation Scheme'. My wife is on ILR and I'm planning to apply shortly applying for ILR. As I can not be on any benefits, just checking if someone can help me understand if it is treated as a 'benefit'?

Here's the link to that scheme.

https://www.gov.uk/apply-great-british- ... ion-scheme

[zimba]

No. Only the benefits and services listed in s115 of the Immigration and Asylum Act 1999 and in paragraph 6 of the Immigration Rules are classed as public funds for immigration purposes which restricts access to mainstream benefits such as universal credit, housing benefit and child benefit. So it is very well defined and even mainstream public services like early education and childcare are NOT classed as public funds.

Note that a publicly funded scheme, service or program is NOT automatically classed as public funds for immigration purposes

Official guide: https://assets.publishing.service.gov.u ... ds-v18.pdf
NRPF Network: https://www.nrpfnetwork.org.uk/informat ... blic-funds

[John3293]

No. Only the benefits and services listed in s115 of the Immigration and Asylum Act 1999 and in paragraph 6 of the Immigration Rules are classed as public funds for immigration purposes which restricts access to mainstream benefits such as universal credit, housing benefit and child benefit. So it is very well defined and even mainstream public services like early education and childcare are NOT classed as public funds.

Note that a publicly funded scheme, service or program is NOT automatically classed as public funds for immigration purposes

Official guide: https://assets.publishing.service.gov.u ... ds-v18.pdf
NRPF Network: https://www.nrpfnetwork.org.uk/informat ... blic-funds

Thanks a lot, Zimba. Very clear, indeed!

[John3293]

Hi experts,

Thanks a lot for taking time reading my query.

I got into an unfortunate situation that forced me to stay outside of the UK for 180 days.

I am living in the UK as a Tier 2 healthcare worker (NHS Nurse) dependent visa, arrived in the UK in Aug 2019. My wife was granted ILR in June 2022. At the same time, I applied for my visa extension, which was granted for another 3 years (expiring in Jul 2025). I had used the UKVI; Immigration ID Check App to verify my identity (which was the biggest mistake I ever made in my life). On my decision letter, they said I will receive a BRP within 10 days. I did not receive my BRP even after 10 working days and when I enquired with the UKVI Helpline, they said as I used the UKVI IDC app, I will not receive a BRP and I will have to prove my visa status by creating a share code after logging into my UKVI account. When I checked the UK Gov website, that also confirms this (https://www.gov.uk/biometric-residence-permits)

As I could not convince my adamant wife to have our baby born in the UK (I know if my baby was born in the UK, she could have easily got the British Citizenship and could have saved a LOT OF MONEY!) and my mother was due for a surgery (thyroid organ removal, not because of cancer), I had to leave to my home country on the 12th working day of receiving the decision letter via email. My employer was kind enough to let me work from home in my home country. As time progressed, by God's grace, my mother recovered faster and didn't need a surgery and my baby was born in my home country and was feeling so relaxed/ comfortable.

As I know I need to head back to the UK within 180 days to avoid breaking 'the continuous stay in the UK' rule, I decided to head back to the UK on the 173rd day. My life was about to change that day because the airline did not accept my share code plus date of birth to verify my visa status and prompted me to show my BRP, which I never received. They rang their internal team and then reaffirmed that they will not accept my share code as a valid travel visa document and I had to go back home.

The I immediately wrote to the Home Office and they did not respond (but responded 4 MONTHS later, but still not resolved). Also I contacted my Local MP's office (bless the lovely staff and the him). Then I called up the UKVI helpline and they confirmed that I will not get a BRP as I used the UKVI ID Check app and instead, create a share code and show it to airline and that is the only option available for them. To get a written confirmation on this, I used the UKVI Online form and I got the following confirmations-

You can't apply for a BRP visa becuase your not issued with a BRP card.

You will need to speak to the Airline, you could speak to British and Virgin Airline and explain your situation.


and

You could travel to UK, you could create a share code to show your immigration status for UK.

Then I decided to travel with another airline on the 177th day paying a hefty one way ticket. It was not a direct flight. I were able to clear my home country's immigration and also the airline flight checking and able to reach the transit airport (Dubai). However, while boarding the final flight to the UK, airline staff refused entry to the aircraft citing the same issue the other airline did. In front of me, they called (don't know if they just pretended to call) the UK Border Security to check if I can be allowed to travel and finally they did not allow me on the aircraft and I had to fly back to my home country!!!! And I was so clueless what to do.

When I reached back at my home country, my employer started presurising me to come back. In the meantime, they issued me a BRP on the 190th day of getting the decision. As I weren't available in the UK that time, I could not collect, but was delivered to my friend as per my instruction another day. I heard through my MP that I can not travel with that BRP as it will be invalid as it was issued when I was away. Luckily, my MP's office got in touch with Home Office and they confirmed I were never issued with a BRP. Only option for me is to apply for a replacement BRP, which allows me to return to the UK. I applied it and received the permission to come back on the 205th day being away. I travelled back on the 225th day.

I hope my situation is clear.

Following are my questions-

1. Can I apply for ILR giving all these details along with proof (including UKVI helpline confirming that I will not receive a BRP and use the share code generated to prove my immigration status) by requesting the home office to grant relief to this particular 'compelling reason' to stay outside of the UK for 180 days?

Or

2. Should I wait for another 4 years to apply for ILR (as I arrived the UK on March 08, 2023 and then did not travel outside of the UK) ?

Many thanks in advance.

Hi Zimba, just on this. If my I apply for myself and my daughter together, by chance if they reject it, will I be eligible for any refund of fees? At least for my daughter's?

[zimba]

No refund is given for a decided/refused application

[John3293]

No refund is given for a decided/refused application

Thanks a lot. In £2885 per person is quite a lot. In that case, better I apply just for myself right?

[zimba]

No refund is given for a decided/refused application

Thanks a lot. In £2885 per person is quite a lot. In that case, better I apply just for myself right?

This is up to you

[John3293]

I strongly advise you to apply for ILR providing all the evidence and seeking discretion. This was all due to the UKVI's policy not to issue a BRP to a visa national but such policy inadvertently prevents a visa national from flying back to the UK, as you experienced.

Hi Zimba, it would be great if you can advise if I can give the following as evidences for the travel disruption?

1. Gov.uk webpage (https://www.gov.uk/biometric-residence-permits) mentioning the following -

When you cannot get a BRP
You cannot get a BRP if you use the ‘UK Immigration: ID Check’ app to prove your identity when applying to stay in the UK. You’ll need to prove your right to live and work in the UK online instead.

If you apply for a BRP, you will not get one

2. First air ticket for my travel back on 173rd day away from the UK (the airline refused to issue me statement why I was not permitted to fly)

3. Letter from my MP confirming that I were not issued a BRP by Home Office after taking up my issue with the Home Office.

4. UKVI Helpline resolution email stating the following -

You can't apply for a BRP visa becuase your not issued with a BRP card.

You will need to speak to the Airline, you could speak to British and Virgin Airline and explain your situation.


and

You could travel to UK, you could create a share code to show your immigration status for UK.

5. Second air ticket (travel on 177th day away from the UK) and boarding passes issued.

6. Passport pages for my exit from Indian airport and next day arrival at the same airport as I was returned from the transit airport.

7. I was told to write a letter at the Immigration - home country airport why I had to return without entering the UK. (I took just a camera photo before handing that letter over to the Immigration Officer and also there is no proof of acknowledgement).

8. My application for a replacement BRP visa to re enter the UK.

[John3293]

Adding more info to this, through my MP, I received the following response from the Home Office.


Our records show that, on 11 July 2022, Mr A was granted Leave to Remain in the UK until 11 July 2025. We regret that there was subsequently a delay in issuing a Biometric Residence Permit (BRP) to Mr A, but our records show that a BRP (no. XXXXX) was issued to him on 30 January 2023 (valid until 31 December 2024), and this will have been sent to him by courier. The courier’s record show that the BRP was delivered on 6 February 2023 (you have advised that this was delivered to the address of a friend).

Customers are advised not to make any travel plans until their applications have been concluded and, if successful, they have received their BRP. Those who choose to travel without their BRP might experience problems returning to the UK as, in such cases, they may need to obtain a "replacement BRP” visa in order to return to the UK. Once they have returned to the UK, customers should then apply for a replacement BRP using the appropriate application form, which can be found on our website at:
https://visas-immigration.service.gov.u ... nt-service. A “replacement BRP” visa will be valid for a period of one month to enable customers to travel back to the UK.

Mr A’s BRP (XXXX) is still showing as “active” but, as you have advised, he had travelled to India before his BRP was delivered and, therefore, he needed to apply for a “replacement BRP” visa in order to return to the UK. On 9 February 2023, Mr A applied for a replacement BRP visa, and his application was granted on 15 February 2023. A visa was issued to him to enable him to return to the UK (valid until 15 March 2023).

Detailed guidance about what customers should do next can be found on our website at: www.gov.uk/biometric-residence-permits/ ... en-damaged. This explains that customers must report the BRP as lost/stolen. They should then apply for a replacement BRP within three months using the appropriate application form, which can be found on our website at: https://visas-immigration.service.gov.u ... nt-service. At the present time, we have no record of any application being made by Mr Austin for a replacement BRP.

If Mr A has already retrieved his BRP from his friend, he may wish to contact our Immigration Contact Centre on 0300 790 6268 (and select option 2) for seek advice whether it is still necessary to report the BRP as lost/stolen and apply for a replacement. The Contact Centre is available from: 9am to 4.45pm (Monday-Thursday) and 9am to 4.30pm (Friday).

[zimba]

Please provide any evidence you have. I cannot tell you what the UKVI will accept as acceptable evidence. The discretion is all up to the UKVI.

[vinny]

If the grant of leave decision was made before you travelled, then 34K doesn’t apply. Then the UK delivered delayed BRP (on 6 February 2023) was valid?

If your valid BRP was not cancelled, lost nor stolen, then why could you not use it, if you can get someone to securely mail it to you?

If they forbid this, then is it an irrational obstacle? Else, they may blame you for choosing not to do this?

Moreover, isn’t reporting something as lost or stolen, when knowing that it’s neither lost nor stolen, a deceptive report?

Analogously, British passports are mailed from the UK to overseas applicants.

Expect similar chaos from 01 January 2025?

[John3293]

If the grant of leave decision was made before you travelled, then 34K doesn’t apply. Then the UK delivered delayed BRP (on 6 February 2023) was valid?

If your valid BRP was not cancelled, lost nor stolen, then why could you not use it, if you can get someone to securely mail it to you?

If they forbid this, then is it an irrational obstacle? Else, they may blame you for choosing not to do this?

Moreover, isn’t reporting something as lost or stolen, when knowing that it’s neither lost nor stolen, a deceptive report?

Analogously, British passports are mailed from the UK to overseas applicants.

Expect similar chaos from 01 January 2025?

Thanks Vinny. I had travelled only on the 12th working day after decision made on my visa extension. My visa application was approved on 11 Jul 2022 and I left to India on 26 Jul 2022.

On the BRP that was delivered to my friend while I was away, Home Office asked me to check with helpline. When I checked it with them, they said my BRP is showing an 'Active' status and hence, I can continue using it. I did not apply for another replacement BRP/ intimated the Home Office that my BRP is lost or stolen.

[vinny]

Why didn’t your friend securely mail your BRP to you?

[John3293]

Why didn’t your friend securely mail your BRP to you?

I did try. Just not to get into further pickle, I contacted my MP if I can travel using the BRP my friend received. This was the reply I received from my MP that time (before me applying for a replacement BRP visa) -

Dear Mr. A,

My office spoke to the Home Office today and unfortunately they are making this extremely difficult to sort out and I want to apologise on their behalf. This is unfair to you to pay for their errors.

The Home Office told my team today:
BRP which are printed when someone is out of the country is invalid and he would not be allowed to enter the UK on this. At this stage, the individual needs to apply for a Single Entry Visa. This visa costs £154, once back in the UK, you will need to order a replacement BRP. Normally these visas are approved within 3 weeks.

However once you made the application, I would be happy to do all I can to push the Home Office to expediate this. I also would support you in requesting a refund for the application fee and/or any additional costs you occurred because of the Home Office’s errors in this case. We can do this once you return to the UK.

If you still cannot find a BRP number to apply for the Single Entry Visa, which you may find on an email from the Home Office notifying you it had been printed, you can call this number and ask for help in getting it on 03007906268.

I hope this is helpful and I will do all I can to help you return to the UK. Please do let me know once you have submitted the Single Entry Visa application and I will write back to the Home Office requesting it is decided on imminently.

Best wishes,
MP

[vinny]

The Home Office told my team today:
BRP which are printed when someone is out of the country is invalid and he would not be allowed to enter the UK on this.

I have not seen any provisions in law that support this view. Can you ask them to show us where such provisions are?

[John3293]

The Home Office told my team today:
BRP which are printed when someone is out of the country is invalid and he would not be allowed to enter the UK on this.

I have not seen any provisions in law that support this view. Can you ask them to show us where such provisions are?

Oh my God. I thought that advise form Home Office was legit. Unfortunately long time passed since this happened. I really don't want to go back to those 'dark times'. I already lost a minimum of £8,000 including the Income Tax I had to pay as I accidently became a Tax Resident in India. And also lived a nightmare.

They further delayed my re-entry in this case by giving a wrong advise.

[vinny]

If Mr A has already retrieved his BRP from his friend, he may wish to contact our Immigration Contact Centre on 0300 790 6268 (and select option 2) for seek advice whether it is still necessary to report the BRP as lost/stolen and apply for a replacement. The Contact Centre is available from: 9am to 4.45pm (Monday-Thursday) and 9am to 4.30pm (Friday).

This reply seems to suggest that your BRP may continue valid after all? Else, they wouldn’t require you to seek further advice on whether it was necessary to do something more. The inconsistencies of their answers demonstrated uncertainties.

Other Posters had also reported problems when applying for replacement visas.

IMHO, retrieving it from your friend may have been the most simple and practical solution for all concerned.

[John3293]

If Mr A has already retrieved his BRP from his friend, he may wish to contact our Immigration Contact Centre on 0300 790 6268 (and select option 2) for seek advice whether it is still necessary to report the BRP as lost/stolen and apply for a replacement. The Contact Centre is available from: 9am to 4.45pm (Monday-Thursday) and 9am to 4.30pm (Friday).

This reply seems to suggest that your BRP may continue valid after all? Else, they wouldn’t require you to seek further advice on whether it was necessary to do something more. The inconsistencies of their answers demonstrated uncertainties.

Other Posters had also reported problems when applying for replacement visas.

IMHO, retrieving it from your friend may have been the most simple and practical solution for all concerned.

Thanks Vinny. I could have just retrieved that BRP and travelled back. At that point of time, since I had faced all these, I really wanted to double check that I'll not be sent back. Because of these, I crossed that 180 days mark, breaking the 'continuous residence' rule.

I believe I was restricted / prevented from re entering the UK as I were not issued with a BRP and advised that I will be able to come back using the share code I generate on the UKVI Online Account.

I'm planning of applying for ILR as I'll be completing 5 years of lawful residence as I arrived on 19 Aug 2019. My visa vignette had a start date of 18 Aug 2019. I hope I get a favourable decision as I'm seeking discretion.

[vinny]

If your MP is still your MP after the election, then also ask for his/her further support, e.g. to give you permission to use your correspondence as evidence? This MP seems to be a nice and caring person. Include MP’s correspondence, sharecode problems, airline’s bookings and boarding refusals, etc., as evidence.

Absences: compelling and compassionate personal circumstances

Compelling and compassionate circumstances are not limited to only the life- threatening illness of the applicant or a close family member/relative and you will need to judge each case on its merits. Factors you might consider include but are not limited to:

• whether the reason is credible and evidenced
• whether it was in the applicant’s control
• was the absence planned, for example, not in response to urgent or unexpected events
• was the applicant prevented from returning to the UK, or did they experience a significant delay outside their control preventing them from returning the UK

Good luck and please do let us know what happens.

[John3293]

If your MP is still your MP after the election, then also ask for his/her further support, e.g. to give you permission to use your correspondence as evidence? This MP seems to be a nice and caring person. Include MP’s correspondence, sharecode problems, airline’s bookings and boarding refusals, etc., as evidence.

Absences: compelling and compassionate personal circumstances

Compelling and compassionate circumstances are not limited to only the life- threatening illness of the applicant or a close family member/relative and you will need to judge each case on its merits. Factors you might consider include but are not limited to:

• whether the reason is credible and evidenced
• whether it was in the applicant’s control
• was the absence planned, for example, not in response to urgent or unexpected events
• was the applicant prevented from returning to the UK, or did they experience a significant delay outside their control preventing them from returning the UK

Good luck and please do let us know what happens.

Well, I moved home and ended up in a different constituency that of my previous MP. My case was then transferred to my local MP. Unfortunately, she's not helpful at all. They asked me to get in touch with a immigration adviser than them.

Only MP was really compassionate. It was my mistake shifting the case to the new MP. I regret it.

I will certainly include the email communications with my MP along with my application. I will seek their support and consent for using the email communications with them.

Still I'm not sure if I should go ahead with this application or not. Because the evidences I have are follows-

1. Gov.uk webpage (https://www.gov.uk/biometric-residence-permits) mentioning the following -

When you cannot get a BRP
You cannot get a BRP if you use the ‘UK Immigration: ID Check’ app to prove your identity when applying to stay in the UK. You’ll need to prove your right to live and work in the UK online instead.

If you apply for a BRP, you will not get one

2. First air ticket for my travel back on 173rd day away from the UK (the airline refused to issue me statement why I was not permitted to fly)

3. Letter from my MP confirming that I were not issued a BRP by Home Office after taking up my issue with the Home Office.

4. UKVI Helpline resolution email stating the following -
You can't apply for a BRP visa becuase your not issued with a BRP card.

You will need to speak to the Airline, you could speak to British and Virgin Airline and explain your situation.


and

You could travel to UK, you could create a share code to show your immigration status for UK.

5. Second air ticket (travel on 177th day away from the UK) and boarding passes issued.

6. Passport pages for my exit from Indian airport and next day arrival at the same airport as I was returned from the transit airport.

7. I was told to write a letter at the Immigration - home country airport why I had to return without entering the UK. (I took just a camera photo before handing that letter over to the Immigration Officer and also there is no proof of acknowledgement).

8. My application for a replacement BRP visa to re enter the UK.

I've successfully completed the life in the UK test and also the SELT B1 English Test.

[vinny]

Still I'm not sure if I should go ahead with this application or not. Because the evidences I have are follows-

I agree with zimba. After all, the Home Office had created, and further contributed, to your mess.

Go ahead. Be calm, polite and concise in your covering letter.