BRP & Indefinite Leave to Remain
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What is a Biometric Residence Permit (BRP)?
A Biometric Residence Permit (BRP) is a secure identity card issued to non-EEA nationals (and some EEA nationals under the EU Settlement Scheme) who are granted permission to stay in the UK for more than 6 months. It contains:
- Your personal details (name, date of birth, nationality)
- Your immigration status and conditions of stay
- Your biometric information (fingerprints and facial image)
Who Needs a BRP?
You will need a BRP if you:
- Apply to come to the UK for longer than 6 months
- Extend your visa to more than 6 months
- Apply for settlement (Indefinite Leave to Remain)
- Transfer your visa to a new passport
- Apply under certain Home Office schemes (e.g., EU Settlement Scheme)
How to Collect Your BRP
- If applying from outside the UK, you’ll get a 30-day entry visa and must collect your BRP within 10 days of arrival.
- If applying inside the UK, it will be sent to you by post.
Validity of a BRP
- BRPs are usually valid for the duration of your visa.
- If you get Indefinite Leave to Remain (ILR), your BRP will expire after 10 years, but your ILR status does not expire. You can apply for a replacement BRP if needed.
What is Indefinite Leave to Remain (ILR)?
Indefinite Leave to Remain (ILR) is a form of permanent settlement in the UK. It allows you to:
- Live, work, and study in the UK without immigration restrictions
- Access public funds (benefits, healthcare, etc.)
- Apply for British citizenship after 12 months (if eligible)
Eligibility for ILR
- You may qualify for ILR if you have lived in the UK legally for a certain period, depending on your visa:
| Visa Type | Minimum Stay Required |
|---|---|
| Spouse/Partner Visa | 5 years |
| Work Visa (Skilled Worker) | 5 years |
| Investor Visa (Tier 1) | 2, 3, or 5 years (depending on investment) |
| Long Residence (10-year rule) | 10 years continuous legal stay |
| Ancestry Visa | 5 years |
| EU Settlement Scheme | 5 years (pre-settled to settled status) |
Requirements for ILR
- Pass the Life in the UK Test
- Meet the English language requirement (B1 level or equivalent)
- No serious criminal record
- No excessive absences from the UK (usually no more than 180 days per year)
Applying for ILR
- Apply online via the UK Government website
- Attend a biometrics appointment
- Wait for a decision (usually within 6 months)
After Getting ILR
- You can stay in the UK indefinitely (but lose ILR if absent for 2+ years).
- You can apply for a British passport after 12 months (if eligible).
Key Differences Between BRP and ILR
| Feature | BRP | ILR |
|---|---|---|
| Purpose | Proof of visa status | Permanent residency |
| Expiry | Valid until visa expires or 10 years (for ILR holders) | No expiry (but BRP card expires) |
| Travel | Needed for re-entry to the UK | No restrictions, but must not stay abroad for 2+ years |
| Work Rights | Depends on visa conditions | No restrictions |
| Public Funds | Depends on visa | Full access |
Replacing or Updating Your BRP
If your BRP is lost, stolen, or expired, you must:
- Report it to the Home Office
- Apply for a replacement (cost: £56 - £1,048 depending on circumstances)
For ILR holders, even if the BRP expires, your ILR status remains valid.
Conclusion
- A BRP is your proof of immigration status while on a visa.
- ILR grants permanent residency, allowing you to stay in the UK indefinitely.
- Ensure you meet all requirements before applying for ILR.
- Keep your BRP safe and renew it if needed.
For expert assistance at any stage of the appeal or judicial review process, it is advisable to consult with immigration solicitors or legal advisers who specialize in these areas.
