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non-EEA Biometrics Residence Permit

General UK immigration & work permits; don't post job search or family related topics!

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cgNY
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Joined: Thu May 03, 2018 6:42 pm
United States of America

non-EEA Biometrics Residence Permit

Post by cgNY » Thu May 03, 2018 7:21 pm

Hello,

I am a US Citizen living in New York and have become recently engaged with a UK Citizen living in London. We plan to become married in the US, but after marriage, I plan to go to the UK and live with her for a few months in London (specific timing is to be determined).

I will be keeping my current job in New York and will work remotely from London (whilst receiving an income from my US employer in my US bank account. We plan to be in London temporarily because I will be applying for US citizenship on her behalf through the US Embassy in London.

My question is twofold:

1. I understand that I can to apply for a Biometrics Residence Permit (BRP) from outside the UK by proving my relationship to the British Citizen (i.e., marriage certificate), but am I required to apply for a Spouse Visa first? The following Gov.uk website never explicitly states a spouse visa is required in order to receive a BRP: https://www.gov.uk/apply-for-a-uk-resid ... ligibility

2. Once in the UK and have received the BRP, am I required to immediately pursue ILR status? Basically, is it crucial that the BRP is continually tied to another immigration status?

I am asking all this because in order to apply for US citizenship at the US Embassy in London, I must have a valid residency card while living with the British citizen applicant.

Any feedback or insight is greatly appreciated!!

secret.simon
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Re: non-EEA Biometrics Residence Permit

Post by secret.simon » Thu May 03, 2018 7:47 pm

I think you are confusing two separate concepts; a spousal visa and a BRP.

Think of them as the equivalent of your US citizenship and your US passport. Your US citizenship is your legal status in the US. Your US passport is merely documentary proof of the same. Similarly, you will apply for a spousal visa and if successful, you will be issued a BRP that states your legal right to reside in the UK on the basis of your spousal visa.

You need to have a residence status (of longer than six months) in order to be issued a BRP. That status can be spousal visa, student visa, ILR, etc. So, yes, to get a BRP, you will need to apply for a spousal visa.
cgNY wrote:
Thu May 03, 2018 7:21 pm
2. Once in the UK and have received the BRP, am I required to immediately pursue ILR status?
Not at all sure what you mean by this question. To apply for ILR, you need to be resident in the UK for at least 5 continuous years under the spousal visa category.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

cgNY
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Posts: 2
Joined: Thu May 03, 2018 6:42 pm
United States of America

Re: non-EEA Biometrics Residence Permit

Post by cgNY » Thu May 03, 2018 7:56 pm

This is very helpful. Thank you so much for your quick response!

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CR001
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Re: non-EEA Biometrics Residence Permit

Post by CR001 » Thu May 03, 2018 8:44 pm

You are also not permitted to do any form of work while in the UK as a visitor, this includes paid work, voluntary work or working remotely.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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