Traveling on unexpired BRP after new application granted

[kcollet]

Hello all -

I was on a Tier 2 general visa, and applied for a new Tier 2 with a new employer. My application for leave to remain was granted, and I have the approval letter. I am a bit confused about the language in the letter about obtaining a new BRP and traveling while you are waiting for this new one to arrive. It seems like perhaps the language no longer matches the current system.

I am due to travel in a few days and have my old unexpired BRP. Is it possible to travel on this BRP if I return before the expiry date?

Thanks!

[kcollet]

In case it is useful this is the language in the letter:

"You are advised not to make any travel arrangements until you have received your Biometric Residence Permit. The Biometric Residence Permit is a residence permit which holds your biographic and biometric information and shows your immigration status and entitlements while you remain in the United Kingdom. The permit replaces the vignette (or sticker) and ink stamps previously placed in the passports of those granted permission to remain in the United Kingdom. A leaflet will accompany the permit which will give you more information about it. If you hold a Biometric Residence Permit (BRP) because your leave has expired, or you were issued with a replacement you must now return it to the Home Office as it no longer valid."

[CR001]

Your old Brp card would have been cancelled automatically when your new visa was approved. So it is no longer a valid BRP.

[kcollet]

Thanks very much for this information. It would be so much easier if this was clear in any of the documentation. Home Office said it was fine to travel, and then said call a lawyer. The legal advice said they thought it was fine, but couldn't confirm. It is frustrating to pay for 24 hour decision, which was delayed by 2 days, and then not to get the appropriate documentation to be able travel and work! What is the point of the expedited service if they don't actually provide you what you need in the timeframe?

[CR001]

HO guidance does advise not to travel until you get your new visa BRP, as your letter clearly states.

The call centre, if that is who you are referring to, is an outsourced third party too.

[kcollet]

I do understand it says not to travel until you receive your card, and appreciate this. However, this is the part that is confusing "If you hold a Biometric Residence Permit (BRP) because your leave has expired, or you were issued with a replacement you must now return it to the Home Office as it no longer valid". My leave has not expired. My card expires on 7 January. I also do not have a replacement card. It also states in the letter that you would only have a vignette at this point, which is not the case. I have had a BRP since 30 days after I arrived in the country. The language is at best confusing.

When I called Home Office call centre they first said I should be fine to travel because I already have a BPR which is unexpired. They then said they couldn't advise me and suggested calling one of the legal advising services on the website. Which I did. The legal advise centre said that it should be ok, but that I needed to call the BPR office as they could only provide advise. You cannot call the BRP office. It is interesting to know that apparently the call centre is outsourced as well.

When applying from outside of the UK, you of course get the proper documentation when you get the decision. It seems like you should provide this if you are asking for massive amounts of money to expedite your case.

In general I find this whole process to be confusing and frustrating.

In any case, thank you for your answer.