ILR validity and how to switch to BRP

Hello everyone,

We are a Japanese senior couple currently living in an EU country and wish to move to the UK next spring because our two children live there. They have lived in the UK for more than 26 years and are settled there. All of us are Japanese nationals.

I have some questions about the validity of ILR and how to switch from ILR to BRP if the applicants currently live overseas.

My husband lived in the UK for 7 years and left in 2005. Since then, he has visited the UK more than once every year. I lived in the UK for 14 years but missed visiting once every two years.

Solicitors say my husband's ILR is still valid but mine is not. However, since this is their judgment and not the Home Office's, we are not sure how to proceed.

Is there any way to check the validity of ILR? We have searched the Home Office's website but did not find any information.

If my husband's ILR is still valid as solicitors say, please let us know how to get a BRP. Since he has not been living continuously in the UK, he does not have the necessary documents (such as annual water bills).

If my ILR has lapsed as the solicitors say, I am considering applying for a returning resident visa.

Please advise me.

Thank you！

GojoJP

If you have not visited the UK for more than 24 months, your ILR status is lost according to the rules. There is no need to check

Applying for the returning resident visa is the correct approach to hopefully reinstate it: https://www.gov.uk/returning-resident-visa

Note that soon the BRPs will be abolished and replaced soon: Information on eVisas as all BPRs will be phased out from 1st Jan 2025

Hello zimba,

Thank you for your response.

I understand that there is no need to check if I have not visited the UK for more than 24 months.

I have a few more questions, if you can help.

On the contrary, if I have visited the UK more than once every 24 months, is my ILR considered valid? If so, how can I proceed to apply for a BRP?　Or, do I have to apply for returning visa even if my ILR is still valid.

Thank you!

GojoJP wrote: ↑

Fri Jun 14, 2024 4:49 pm

Hello zimba,

Thank you for your response.

I understand that there is no need to check if I have not visited the UK for more than 24 months.

I have a few more questions, if you can help.

On the contrary, if I have visited the UK more than once every 24 months, is my ILR considered valid? If so, how can I proceed to apply for a BRP?　Or, do I have to apply for returning visa even if my ILR is still valid.

Thank you!

If you have never been away from the UK for more than 24 months, then ILR status is maintained. You will NOT need a returning resident visa in that case. What is your current evidence of ILR that you have ?? Any old paper/sticker document ??

Note that you cannot apply for a BRP from outside the UK.

I am in a similar position. I have ILR vignette Have been out of Uk for many years but never for more than 2 years so no proof except passport stamps.

My question is can one apply for NTL/BRP and travel outside Uk after submitting the application, biometrics? And Once BRP is issued can one can enter UK based on ILR vignette (since BRP will be delivered to UK address). Thanks

dolphin21 wrote: ↑

Sun Jun 16, 2024 9:41 am

I am in a similar position. I have ILR vignette Have been out of Uk for many years but never for more than 2 years so no proof except passport stamps.

My question is can one apply for NTL/BRP and travel outside Uk after submitting the application, biometrics? And Once BRP is issued can one can enter UK based on ILR vignette (since BRP will be delivered to UK address). Thanks

A BRP application is NOT a visa application. So you are free to travel. Old documents can be used to enter the UK. Again I suggest avoiding a BRP application as the eVisa will soon replace them all. There is no point in applying for a BRP

I am in a similar position and am wondering if anyone has an idea what the HO will require for those of us without BRPs in 2025? Once they no longer issue BRPs what will the process be to get an eVisa for paper vignette holders? Would love to avoid an NTL application if they will have a simpler process.