Replacement BRP spouse visa from India

[dude_123]

My wife has changed her last name in her Indian passport. she can not travel to UK with current BRP as her last name in BRP and in Indian passport are different. Please suggest if she is eligible to apply for replacement BRP visa on name change from India? and how to apply for it? what documents are needed and what is processing timeline?

thanks for your suggestion?

[CR001]

As far as I am aware, a replacement BRP is only applicable for applications within the UK.

What has she changed her surname to?

Why did she change it in India instead of returning to the UK and then changing it?

[dude_123]

If brp is lost or stolen , a person can apply for replacement brp visa stamp in passport for one time entry to UK and can apply for new brp in UK. I have read this on internet. I am not sure if this is applicable in my case or not . And don't know much on process .

In order to apply for indian passport for new born baby , either spouse name needs to be enforced in either of parents passport. Therefore my wife had to add my name in her passport and also had to change her last name as per marraige certicate. It is too complicated . Not want to go in details on how and why has happened but this is where I am.

[dude_123]

Change in surname in my wife’s BRP

I am British citizen and my wife is Indian citizen. She has BRP for spouse dependent visa.

She travelled back to India to deliver the baby and she has to change her surname in order to endorsed my name(husband name) in her Indian passport. She used our marriage certificate for applying for that change.

Now she is in india and Her surname in BRP and in Indian passport is different. I have referred UKBA immigration site but there is no provision or clear information given to change the name in BRP from India.

My wife will be returning to UK with my 6 months old baby. Please suggest a procedure to apply for a BRP change from India or would she be allowed by boarder agency to enter uk with her old indian passport, new indian passport and BRP card ( as name in old passport) and marriage certificate.

As you understand it is very critical for us to know this information in advance as she is travelling with 6 months old baby and cannot afford to face any immigration issue at that time.

[CR001]

Why didn't she change her surname after marriage?

Suggest travel with both passports, existing BRP and marriage certificate proving change in name. Apply for new BRP once she has returned.

How is your baby going to enter the UK?

[dude_123]

thanks mate. i will carry all these documents but how can we be 100 % sure that they wont cause any issue at immigration checks at the time of enter. is there any immigration advise or confirmation to be taken for assurance.

my marriage certificate indicates the different surname for my wife after marriage however my wife did not change her surname in indian passport at the time of initial application . now we were forced to change last name along with my name 's endorsement in her indian passport as per marriage certificate.

i am planning to apply for RoA -Coe for my kid in this month.

[CR001]

Carrying all the legal documents indicating her name(s) should be ok. She can also explain the process in regards to your name on her passport in relation to the registration of the childs birth.

RoA or CoE can take many months, so be prepared for that.

[1da98ec008]

Hi dude_123,

Can you tell me how you managed with the situation?

I am an Indian Citizen and my husband is a British Citizen, I have ILR BRP Card.

I want to change my last name in India, but since I cannot apply for replacement BRP in India, how can this be handled. I understand, any change of details on BRP, the replacement BRP must be applied within 3 months else, there is a possibility of fine up to £1000, as per the UKVI Website . I may not return to UK within 3 months of last name change.

Regards,

[dude_123]

i am not changing last name in BRP from india. when my wife returns to UK , i will get a new BRP card for her.

[sma_tier1]

Hi 1da98ec008 / dude_123,

There is a visa category called "Single-entry visa to replace a Biometric Residence Permit (BRP). It costs £169. Though it is mentioned here (https://www.gov.uk/biometric-residence-permits/replace) that it is a visa to replace a damaged or lost BRP, you can inquire in the local VFS office if the same visa can be used in your case.

Look the visa name and fees here https://www.gov.uk/government/uploads/s ... l_2017.pdf

Thanks,
sma

[dude_123]

thanks but after hitting my head against the wall i finally gave up finding other options.

for single entry visa , it is mandatory to lodge a police complaint for your lost/stolen BRP which is not the case here. Again visa would have been given on same name as in BRP but not on new name.

i think if you use different visa type for different reason , an immigration officer may take ages to decide on without applying common sense and could reject. i can not risk it.

i booked my travel in June end.

[sma_tier1]

Thanks for your reply dude_123.

[SubhasiniNagesh]

Recently, I lost my BRP card in UK. The same was reported for cancellation to Home Office - online and was also reported to police in UK. Since I had to urgently travel to India, I consulted home office and they suggested I can return to India and apply for single entry replacement for BRP visa. I did this immediately after reaching India, but after taking 4 weeks for processing the priority visa application, UKVI refused my application, with the reason that i did not submit a police complaint report. Even though I had explained my case in the application / letter, that I lost my wallet along with BRP, this has been reported to Home office for cancelling my BRP (Email notice received from Home office that my BRP will be cancelled submitted along with application) and the police complaint reference number and all relevant supporting ID proof (Driving Licence, Voter ID, NI, Bank Statements, Health card, etc were submitted along with application.

Strangely, Home office rejected my application for not submitting the police complaint report, but when I contacted my local police, where I reported loss in UK, they said they dont have any provision to issue a complaint report, but they only issue a complaint reference number, which should be quoted to any relevant authorities as necessary, and the authorities will use the reference number to gather information. Stuck between these two governmental agencies, I escalated my case with this information by email and by phone call. The ECO who attended my call was clear saying that if the BRP was lost in UK, just a complaint reference number is enough along with the application and there was no reason to reject my application, so the case will now be escalated for higher authorities to revoke the refusal (this was the only reason given in my refusal letter). After two weeks of continous follow up, I recevied another mail
Quote>>>
" Applicant will need to apply again ensuring they address the reasons for refusal "
Unquote>>>

How will I now address the reasons for refusal - to submit a police complaint report from UK police, who say they dont issue such reports for lost / stolen property, but only give a reference number (this is a number dictated).

I have gone through the complete visa rules, and nowhere it clearly states to provide a Police complaint report for losst / stolen BRP within UK, but to provide evidence that this has been reported to local police. In my case I have a police complaint number.

I didn't stop here, as this was all telephone conversation, so I filed an online complaint with police station for the loss of my BRP and was reported with the complaint number and for the purpose of applying for replacement visa, I needed a police complaint report, as being sought by home office in the visa refusal letter. To my satisfaction, I received a formal and official reply from police, that they do not issue a police complaint report to a member of public, but they only provide a complaint reference number (which was given to me) and I should quote this number to any relevant authorities.

With this email copy (official reply), I once again contacted Home office for escalation and the ECO who responded to my phone call said, there is some major goof up with the ECO who has reviewed my application, as I should not be put in such a situation of contacting local police for a report on loss of BRP, but just a reference number is sufficient.

Even with this positive update, while I was waiting for official response from Home office, they came back to me with the same reason - " Applicant will need to apply again ensuring they address the reasons for
refusal ".

Its strange that they want me to spend money over again for visa fees, asking me to address a reason which is not applicable to my case(police complaint report is necessary for loss of BRP outside UK - in my case it is within UK). There is no guarantee that the application will be accepted to issue a visa, because, I still have no solution to address the reasons for refusal. Just with this email from police, if I have to pay once again and apply for a visa, then its the HOME OFFICE ECO, who has not done their homework, not just the ECO, but the higher up's whom this case was escalated

[dude_123]

my wife was able to enter the UK without any query , even if her name was different in BRP and Indian passport. thanks.

I am now planning to apply for new BRP card for my wife with name change and British passport for my son in UK. can you post your guide/link for both processes.