old ILR vignette transfer to eVisa

[dolphin21]

Hi everyone,

A very specific question:

My parents have ILR but have been spending most of their time abroad to sort out some property/other issues for the last few years. But they have never been out of UK for more than two years and therefore retained their ILR. Based on new rules, it seems they need to apply for BRP via NTL application and then for an e-VISA. Will this create a problem ie that they have been spending most of their time abroad and does this need to be explained? Also, in terms of evidence of not being out of the UK for more than 2 years, will stamps in their passport suffice since they are retired and do not have any other evidence as such? I understand NTL is only an administrative decision and not an immigration application but would appreciate views/guidance.

Thanks

[zimba]

Hi everyone,

A very specific question:

My parents have ILR but have been spending most of their time abroad to sort out some property/other issues for the last few years. But they have never been out of UK for more than two years and therefore retained their ILR. Based on new rules, it seems they need to apply for BRP via NTL application and then for an e-VISA. Will this create a problem ie that they have been spending most of their time abroad and does this need to be explained? Also, in terms of evidence of not being out of the UK for more than 2 years, will stamps in their passport suffice since they are retired and do not have any other evidence as such? I understand NTL is only an administrative decision and not an immigration application but would appreciate views/guidance.

Thanks

If someone has not been absent from the UK for more than 2 years, they retain their ILR status. UKVI may ask for evidence of residence but this should not create a problem as long as the ILR status is retained.

A BRP application could take up to 6 months and note that all BRPS will be useless as they will all be replaced by eVisas by the end of the year. The eVisa system is not fully rolled out so I suggest waiting a bit longer and they should just apply directly for a digital status and skip the BRP step.

Information on eVisas as all BPRs will be phased out from 1st Jan 2025

[dolphin21]

Thank you, Simba.

You say UKVI may ask for evidence of residence - can this be just their passport stamps since they have not really been staying here much in the last few years although not away for more than 2 years?

Secondly, I understand what you say about BRPs taking more than 6 months - do you know if there is a priority service available for NTL applications.

Thanks again,

[zimba]

Thank you, Simba.

You say UKVI may ask for evidence of residence - can this be just their passport stamps since they have not really been staying here much in the last few years although not away for more than 2 years?

Secondly, I understand what you say about BRPs taking more than 6 months - do you know if there is a priority service available for NTL applications.

Thanks again,

Any evidence is just used to evaluate that they have not spent more than 24 months outside the UK. There is no priority BRP application.

[dolphin21]

Few related questions below. Answers will be much appreciated:

My parents are applying for NTL to get a BRP so that they can apply for an evisa to prove their ILR status.

- Can they leave the UK in July whilst their NTL application s under process?

- And say if the BRP is issued in November and sent to their UK address, can they still return to the UK on the basis of the ILR vignette or will I need to send the BRP to them so that they can use it to get back in December 24?

- Or is it better not to travel abroad whilst NTL/BRP application (ILR) is pending.

Thanks

[zimba]

Few related questions below. Answers will be much appreciated:

My parents are applying for NTL to get a BRP so that they can apply for an evisa to prove their ILR status.

- Can they leave the UK in July whilst their NTL application s under process?

- And say if the BRP is issued in November and sent to their UK address, can they still return to the UK on the basis of the ILR vignette or will I need to send the BRP to them so that they can use it to get back in December 24?

- Or is it better not to travel abroad whilst NTL/BRP application (ILR) is pending.

Thanks

They can travel freely. You may choose to send them the BRP, if by November the eVisas cannot be used for travel.