ILR and BRP expiration

[David_s]

My stepson has been in the UK from Philippines on indefinite leave to enter via his Mother who is now a British Citizen. This was 5 years ago when he was aged 15. His BRP expired on 22.05.2024. We were unsure what to do next so he applied for a new card however that has now been rejected as that service is only for lost or stolen cards. He has since had an email confirming the rejection and also states the following:


"Thank you for your application for a replacement Biometric Residence Permit (BRP).

In view of the fact that your current leave to remain expired on 22 May 2024, you no longer have any leave to remain to transfer. Your application has therefore been refused. There is no right of appeal against this decision.

As you no longer have any leave to remain in the United Kingdom you should either leave the United Kingdom immediately or make a valid application for further leave to remain in an appropriate category."

As you can imagine this has worried us all as it states he should not be in the UK when we were under the impression he has been granted authority to settle in the UK and remain here. He wanted to apply for a British Citizenship but couldn't as he hadn't been in the UK for 5 years (he has now).

Can anyone advise on what he needs to do next please to ensure he remains in the UK legally?

Many thanks in advance

[zimba]

The UKVI is wrong to reject the BRP application as ILE means he has ILR status. The BRP card expiry means nothing for ILR holders (ILR is a permanent status) and a settled person should be able to renew the BRP to travel. You may complain to the UKVI.

https://www.gov.uk/government/organisat ... -procedure

Note that he can apply to naturalise as a British citizen now and the BRP expiry is irrelevant and only his status as a settled person is what matters.

Also note that BRPs will soon be phased out: Information on eVisas as all BPRs will be phased out from 1st Jan 2025

[David_s]

Many thanks for the reassurance Zimba.

So basically, other than potentially complaining, he can relax and do nothing and if he wishes to apply for British Citizenship?

I was dubious that he is now illegal as he works for a major UK retailer that I'm sure will have procedures in place that wouldn't allow someone that cannot legally work in the UK to work for them.

[zimba]

Many thanks for the reassurance Zimba.

So basically, other than potentially complaining, he can relax and do nothing and if he wishes to apply for British Citizenship?

I was dubious that he is now illegal as he works for a major UK retailer that I'm sure will have procedures in place that wouldn't allow someone that cannot legally work in the UK to work for them.

He is not staying unlawfully as he has no limits. You'd better complain to the UKVI, noting that a BRP was refused to someone with ILR status

[vinny]

See also ILE. Unfortunately, an expired BRP may prevent him from returning if he travels.

As @zimba noted, if he wants to, then he may apply for Naturalisation, like his mother or Inga Lockington.

[David_s]

Sorry to bring this backup again but we are still having issues with this case. My partner (the person concerned’s mother) spoke to someone from UKVI although she’s not entirely sure who. That person agreed that he shouldn’t have been told he had to leave and that indefinite leave means exactly that it is indefinite. The UKVI person has emailed the department concerned to return the passport. However whilst on the phone we got some old documentation out and for whatever reason my partner never originally spotted this….

https://photos.app.goo.gl/dSryWVhUYfaZ4QAP7

This complicates matters further as we were not aware of this August 2022 date. Also why does his BRP state indefinite leave when this letter suggests otherwise. Also to note the person concerned has been employed by 2 major Uk retailers using a valid share code after Aug 2022.

So we now have no idea where we’re at or what to do next.

[Ticktack]

I think there might have been a mistake from the HO, the BRP probably wrongly had "indefinite" inscribed on it.

What initially piqued my interest was the expiry date. ILR BRP's where normally issued for 10 years. So the BRP should have had an expiry date of 31/12/2024, as this would be in line with all issued before and after that time frame.

Weirdly, the expiry date for a renewal was also different in the letter and the BRP.

I think you might need to legally challenge this if BRP says indefinite leave to enter. That has confused everyone.

[contorted_svy]

May I suggest that to get the timeline correct of what you applied for and what the HO granted you request a SAR from UKVI so you'll be able to see (most) applications and grants to leave in recent years, and file this all together with the letters/physical evidence you have.

[David_s]

Thanks for the advice. Completing a SAR is a good idea however we can’t do that until they return his passport!

If they only made a mistake on his BRP then surely he wouldn’t show as being legally entitled to work in the UK when using a share code?

[contorted_svy]

It is hard to know that. If they make a mistake and you use it to your advantage it doesn't mean you should ahve.

[vinny]

If his mother had ILR or was a British citizen when he first applied for his child entry clearance to join her, then they should have granted him ILE.

[Ticktack]

If his mother had ILR or was a British citizen when he first applied for his child entry clearance to join her, then they should have granted him ILE.

Mother definitely wasn't British at the time.

on indefinite leave to enter via his Mother who is now a British Citizen. This was 5 years ago when he was aged 15.

I fear mother might not even have ILR 5 years ago? Just pondering!

[David_s]

Mother has been a British citizen since 2015.

[contorted_svy]

Worth maybe doing a SAR for her too, to demonstrate her immigration status when applied for stepson to join her?

[David_s]

She’s a British Citizen and has held a British passport since 2015, why would we need to demonstrate her immigration status?