Hello,
I currently hold Indefinite Leave to Remain (ILR) in the UK and am facing a situation with the renewal of my Biometric Residence Permit (BRP) that I hope to get some guidance on. My BRP is due to expire on 19th May 2024, and due to travel plans, I will only be able to submit my BRP renewal application on 22nd April 2024. Considering the renewal process can vary greatly in length, I'm concerned about the status of my stay and my employment rights during this period.
My questions are:
1. Will I be considered an overstayer if my BRP expires while my renewal is still being processed, especially since my application will be submitted only a month before the BRP's expiration date?
As I understand it, submitting my BRP renewal application before the current one expires should grant me a form of extension known as "section 3C leave," allowing me to legally remain in the UK until a decision is made. This understanding implies that I wouldn’t be overstaying my visa due to the expiration of my BRP during the renewal process.
2. Can I continue to work in the UK after my BRP expires, while I am waiting for the renewal, given that I have ILR?
My belief is that holding ILR allows me continuous employment rights in the UK, regardless of the BRP's physical expiry, as long as my renewal application is submitted on time. I also understand that I can use a share code to prove my ILR status to my employer, facilitating my right to work verification through the Home Office’s online service during this interim period.
I'm sharing this in hopes of receiving confirmation or correction on my understanding of these matters. Any insights, especially from those who have navigated similar situations or possess professional expertise, would be greatly appreciated.
Thank you for your time and assistance.
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