ILR awaiting BRP - question.

[Lisa F]

I really need some advice/info please.

Bit of background, not sure if it helps.

I'm South African born but have British citizenship (by decent via my dad) but my daughter has South African citizenship. We moved to the UK when she was 2 years old (18 years ago!) and she was granted ILR (with letter and passport stamp). She has been happily working for the last couple of years, employer's always being quite happy with seeing her passport, NI card and ILR letter. Now, suddenly, after she moved and had to look for a new job, all employers are asking for a Biometric Residence Permit and won't hire without it! We hadn't even heard of it until now!

Anyway, we got the paperwork for the BRP and sent it off. She then received the letter to get her biometrics done so she went to the post office and did that. That was on the 7th June and she hasn't heard anything back yet. We have absolutely NO concept of how long the BRP takes to arrive and she is panicing about running out of money because of not being able to work, despite having several job offers, pending them seeing the BRP! Does anyone have ANY idea how long this can take or if there is any way she can find out what stage her application is at. I assume the card will be posted to her? We can't even find a phone number to call to find out.

[CR001]

It can take 8 weeks, sometimes longer.

Why did you not register her as British prior to turning 18??

[Lisa F]

We honestly didn't think there would be any issues as she had the ILR.

She will be applying for citizenship in the next few months though (I believe she would have needed the biometics for that anyway?), once she has completed the Life in the UK and English Language tests.

[CR001]

No, she does not need the biometric residence permit for citizenship if she has ILR in her passport, which would be sufficient.

She would not have needed LIUK or English test if citizenship was applied before she turned 18, a simpler and less expensive application, which could have been done 3 years after you arrived in the UK.

[Lisa F]

Yep, I'm well aware I stuffed up on this.

I did know there was a large difference in cost between under 18 and over but I DIDN'T realise that she would need the Life in UK test and English language test despite having lived here for 18 years.

I see no point in crying about "should have's" and we are just looking forward and focusing on getting it done.

[CR001]

Was only stating the pre 18 BC route as many are not aware.

8 weeks or longer then for a new BRP card.

p.s. you could have also applied in person for the card, costs an extra few hundred though, but card sent within 7-10 after appointment.

Will leave others to comment further as my daughters replacement BRP card a few years ago took 4 months.

[Lisa F]

Thank you. Fingers crossed her card is nearer the 8 week mark.

[Lisa F]

Just an update to this . . . my daughter had actually started a new job last week. She'd been upfront about the fact that her biometric card was in process and showed them copies of her passport, ILR letter/stamp etc. They were fine and told her that she just need to bring the card to them as soon as she had it.

Now today, after she has already worked several shifts (she's a chef), they've turned around and told her they need to see her visa (?) today or they will let her go. She obviously can't show them a biometric card she doesn't have so they've told her not to come back.

Question 1: Who was in the wrong here, considering she was completely open with them about the situation?

Question 2: Does she have any grounds to get the money from them for the hours she's already worked?