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Two Issues

General UK immigration & work permits; don't post job search or family related topics!

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HeatSeeker
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Posts: 2
Joined: Sat Dec 30, 2023 9:44 am
United Kingdom

Two Issues

Post by HeatSeeker » Sat Dec 30, 2023 10:22 am

Apologies if this is posted in the wrong section.

I am writing this to get some advice so my step daughter can decide what to do regarding a holiday.

My step daughter entered the UK in September 2019 on a settlement visa with a BRP valid until December 2024. Her BRP states she has indefinite leave to enter. We believed this BRP to be lost several months ago so reported it as lost and requested a new one, the problem is the new one has not arrived and we are due to fly out on the 8th of January for a four week holiday.

I have spoken with the people on the general UK helpline and they have advised me that if my step daughter were to fly out and ask for a replacement BRP visa it would cancel the current application for a new BRP but would allow her to enter the UK once when she would then have to start the six month process of getting a new BRP again.

When checking the passport she used to enter the country we saw that the letter granting her settlement visa mentioned the length to be from 23rd Aug 2019 to 10th Nov 2021. We only used her BRP in the past to see the length of time she had remaining before having to apply for the next step in the settlement process. I don't understand why the dates in her letter and BRP are different.

My question is given she has indefinite leave to enter is there anyway we can find out for sure if she is eligible for a replacement BRP visa? We don't want to fly out and complete the process of requesting a replacement BRP visa only to be refused and have her stranded out there. Does anybody have any direct contact details of people I could contact to find out if she will be ok to travel back to the UK?

At the moment we are leaning towards her staying in the UK and sorting her settlement status out before traveling outside the country however with her not going back to her home country due to covid and having a child any possibility of her having a holiday would be nice for her.

For context my step daughter is now 21 years old with a child of her own who is a British citizen by virtue of her father.

Any advice would be much appreciated, thank you.

meself2
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Posts: 3427
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Two Issues

Post by meself2 » Sat Dec 30, 2023 10:49 am

HeatSeeker wrote:
Sat Dec 30, 2023 10:22 am
Does anybody have any direct contact details of people I could contact to find out if she will be ok to travel back to the UK?
Nobody can give you a definite answer. Until she has a BRP in hand, there's no certainty.

You can try to go abroad and apply for replacement BRP visa, but it might take over 6 months, eg post1457015.html#p1457015 , so better not take this risk.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

AmazonianX
Respected Guru
Posts: 7773
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Two Issues

Post by AmazonianX » Sat Dec 30, 2023 10:55 am

HeatSeeker wrote:
Sat Dec 30, 2023 10:22 am
Apologies if this is posted in the wrong section.

I am writing this to get some advice so my step daughter can decide what to do regarding a holiday.

My step daughter entered the UK in September 2019 on a settlement visa with a BRP valid until December 2024. Her BRP states she has indefinite leave to enter. We believed this BRP to be lost several months ago so reported it as lost and requested a new one, the problem is the new one has not arrived and we are due to fly out on the 8th of January for a four week holiday.

I have spoken with the people on the general UK helpline and they have advised me that if my step daughter were to fly out and ask for a replacement BRP visa it would cancel the current application for a new BRP but would allow her to enter the UK once when she would then have to start the six month process of getting a new BRP again.

When checking the passport she used to enter the country we saw that the letter granting her settlement visa mentioned the length to be from 23rd Aug 2019 to 10th Nov 2021. We only used her BRP in the past to see the length of time she had remaining before having to apply for the next step in the settlement process. I don't understand why the dates in her letter and BRP are different.

My question is given she has indefinite leave to enter is there anyway we can find out for sure if she is eligible for a replacement BRP visa? We don't want to fly out and complete the process of requesting a replacement BRP visa only to be refused and have her stranded out there. Does anybody have any direct contact details of people I could contact to find out if she will be ok to travel back to the UK?

At the moment we are leaning towards her staying in the UK this is probably the safer alternative to take considering
that without BRP or replacement airline will not allow her board to return
and sorting her settlement status out before traveling outside the country however with her not going back to her home country due to covid and having a child any possibility of her having a holiday would be nice for her.

For context my step daughter is now 21 years old with a child of her own who is a British citizen by virtue of her father.

Any advice would be much appreciated, thank you.

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Casa
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Posts: 25745
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Two Issues

Post by Casa » Sat Dec 30, 2023 12:31 pm

In addition to the previous advice, please be cautious in accepting any information given over the HO 'help line'. This service is contracted out to an outside agency, with staff with limited knowledge of immigration rules who frequently give incorrect advice, even on the simplest of matters. If you call the service five times, you may well be given five different answers. :!:

Sadly, we've seen numerous examples of this from forum members, and the agency staff will not accept responsibility for any issues resulting from their errors. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

HeatSeeker
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Posts: 2
Joined: Sat Dec 30, 2023 9:44 am
United Kingdom

Re: Two Issues

Post by HeatSeeker » Sat Dec 30, 2023 6:25 pm

Thank you all for the advice, I did indeed receive conflicting information from the home office help line. Luckily we are all in agreement at the moment that she should remain in the UK and wait for the BRP to arrive. There is an outside chance the new card arrives next week but we are going to proceed in the safest way possible.

The home office seems somewhat Byzantine for such an important organization, I cant help but think it is intentionally so.

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Casa
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Posts: 25745
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Two Issues

Post by Casa » Sat Dec 30, 2023 6:47 pm

HeatSeeker wrote:
Sat Dec 30, 2023 6:25 pm
I cant help but think it is intentionally so.
...and you certainly won't be alone in thinking that. :| :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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