BRP Expiring

[Elsa's Mom]

Hello all,

Apologies if this is a repeat query however I did try searching through the forum and I could not find anything on the BRP renewal topic that didn't involve some form or complication.

My BRP expires in Sept 2019, I am seeking to renew it. I've searched throughout the Gov.UK website but they do not have anything on expiring BRPs. My circumstances are luckily simple. I am married to a British citizen, I work in the UK, pay taxes and my passport is nowhere near expiring yet.

To renew my BRP do I need to fill out a new settlement application form and pay all the same fees as before? Even the health fee even though I am working in the UK and paying UK taxes? or is it a different form I need to submit to renew a BRP?

I also came across applying for citizenship after 3 yrs as I am married to a British citizen, is this really an option for me? I was under the impression I had to wait 5 yrs before even being eligible.

Thank you for your guidance in advance!

[CR001]

To renew my BRP do I need to fill out a new settlement application form and pay all the same fees as before?

You have to apply for a visa extension on form FLR(M). You will get a new BRP if your extension is approved. Yes you have to pay £1033 visa fee.

Even the health fee even though I am working in the UK and paying UK taxes?

Yes, you have to pay the IHS, which is now £1,000 for a 2.5 year spouse visa extension. This is payable regardless of whether your work or not.

I also came across applying for citizenship after 3 yrs as I am married to a British citizen, is this really an option for me? I was under the impression I had to wait 5 yrs before even being eligible.

You need Indefinite Leave to Remain before you can apply for citizenship. To get indefinite leave to remain you need 5 years residence. Once ILR is granted, you can then apply for citizenship if you meet the requirements.

[Elsa's Mom]

Hello CR001,

Thank you for the above information.

Regarding citizenship I came across this on the Gov.UK website:

https://www.gov.uk/apply-citizenship-spouse

Is a BRP not a settlement visa?

[CR001]

Is a BRP not a settlement visa?

Your visa category is known as a spouse settlement visa but it is not ILR/Settlement, which means a different thing. ILR is not a 'visa' it is a 'status', i.e. Permanent Residence, which you also have to apply for and pay quite a big fee for.

For citizenship, you need ILR first, which takes 5 years. However you don't have to wait 12 months on ILR before you can apply for citizenship if you are married to a British citizen.

Note that prior to 9th July 2012 (when the immigration rules changed), spouse settlement visas were only granted for 2 years, after which ILR/settlement could be applied for and then waiting 12 months on ILR before citizenship can be applied for, i.e. 3 year spouse of British citizen, Section 6(2) of the British Nationality Act, application. It is much harder to change Nationality LAW and legislation than it is to change Immigration RULES. Citizenship and visas/ILR are completely separate and different rules/laws.