Biometric Residence Permit UK

Biometric Residence Permits Solicitors

We offers a complete, end-to-end service for obtaining a Biometric Residence Permit (BRP), which is a permit that displays your biographic information, immigration status, and entitlement to remain in the UK. The key replaces the previous vignette and ink stamps found in a passport.

Outline:

1. Introduction 
2. What is a Biometric Residence Permit?
3. When and Why Do You Need a BRP? 
4. Applying for a Biometric Residence Permit
5. Biometric Residence Permit for Indefinite Leave to Remain
6. Appointment Scheduling for Biometric Data Submission
7. Application Fees and Processing Times
8. Payment Methods
9. Document Requirements
10. Sample Covering Letter Template
11. Tips for a Successful Application or Appeal
12. Common Reasons for Refusals
13. Visa Extensions and Changes
14. Rights and Restrictions
15. Case Studies and Success Stories
16. Frequently Asked Questions about BRPs 
17. Why Choose Kayani Legal 

Introduction

A comprehensive understanding of UK immigration law is essential for individuals seeking to live, work, or study in the United Kingdom. One crucial aspect of UK immigration law is the Biometric Residence Permit (BRP), which provides proof of immigration status and entitlements for non-EEA nationals. This guide, tailored for clients of Kayani Legal, a renowned firm of solicitors, provides an in-depth look at BRPs, their importance, and how to navigate the application process.

What is Residence Permit?

A Biometric Residence Permit (BRP) is a card that holds a non-EEA national’s biographic and biometric information, including their photograph, fingerprints, and immigration status. The Home Office issues BRPs to individuals who have been granted permission to stay in the UK for over six months.

There are two types of BRPs: one for individuals with temporary leave to remain and another for those with indefinite leave to remain. Two kinds of BRPs include personal information, such as name, date of birth, nationality, and immigration status, and biometric data, such as fingerprints and facial images.

When and Why Do You Need a BRP? 

A BRP is required for non-EEA nationals who have been granted permission to stay in the UK for more than six months, including those on work, study, or family visas and those with refugee or humanitarian protection status. The BRP proves the individual’s right to stay, work, or study in the UK and their entitlement to public services, such as healthcare and education.

While it is generally not possible to stay in the UK without a valid BRP, there are certain circumstances in which an individual may be allowed to remain in the country temporarily without one, such as pending an application for a new BRP or while awaiting a replacement for a lost or stolen BRP.

Biometric Residence Permit for Indefinite Leave to Remain

A. Eligibility criteria for a BRP with indefinite leave to remain include meeting the continuous residence requirements, demonstrating proficiency in the English language, and passing the Life in the UK test. Additional requirements may apply depending on the applicant’s specific immigration category.

B. The application process for a BRP with indefinite leave to remain involves submitting an online application form, paying the necessary fees, and providing supporting documentation, such as proof of continuous residence and evidence of English language proficiency. The applicant must also provide their biometric data at a designated location.

C. Kayani Legal plays a crucial role in helping clients secure indefinite leave to remain by providing personalized advice, assistance in gathering the required documentation, and guidance throughout the application process. Their expertise and experience in UK immigration law ensure that clients have the best possible chance of success in their application.

How to Apply for a Biometric Residence Permit (BRP)

1. Introduction: 

A Biometric Residence Permit (BRP) is crucial for non-EEA nationals residing in the UK for over six months. Please follow these steps to apply for a BRP and make sure you have the documentation for your stay.

2. Check Your Eligibility:  

Determine if you qualify for a BRP based on your immigration status, such as a visa holder, an asylum seeker, or someone applying to settle in the UK.  

3. Complete the Relevant Application:  

Depending on your situation, submit the appropriate application form, like the FLR (Further Leave to Remain) or SET (Settlement) form, either online or by post.

4. Prepare Supporting Documents:  

• Collect the required documents, including:
• Passport or travel document.
• Current UK visa or residence permit.
• Police registration certificate (if needed).
• Proof of address in the UK.
• Additional documentation is specific to your immigration category.

5. Pay the Application Fee:  

Provide the necessary fee for your application, which differs based on your immigration status and the type of application submitted.

6. Attend a UKVCAS Appointment:  

Schedule and attend an appointment at a UKVCAS centre to offer your biometric information (fingerprints and photograph) and submit your supporting documents.

7. Await the Decision:   

After submitting your application, wait for the Home Office’s decision, which may take several weeks or more, depending on your application type and additional processing times.

8. Receive Your BRP:  

If your application is successful, you can expect your BRP by post, typically within seven to ten working days.

9. Verify Your BRP Details:  

When you receive your BRP, review the details for accuracy, such as your name, date of birth, and immigration status. If you notice any errors, report them to the Home Office within ten days.

10. Conclusion:

Applying for a Biometric Residence Permit can be a challenging process. At Kayani Legal, our knowledgeable immigration solicitors offer expert guidance and support throughout the application process.   

Appointment Scheduling for Biometric Data Submission

When applying for a Biometric Residence Permit (BRP), you must schedule an appointment at a designated UK Visa and Citizenship Application Services (UKVCAS) centre to submit your biometric data. Biometric data includes fingerprints, a digital photograph, and a signature. Book your appointment online through the UKVCAS website as soon as you receive instructions from the Home Office.

Application Fees and Processing Times

Biometric Residence Permit application fees vary depending on your immigration status and application type. Check the GOVUK website for the latest fee information. Processing times depend on the complexity of your case and can range from a few weeks to several months. Opt for the priority or super-priority service if you require faster processing.

Payment Methods

You can pay the application fee using a credit or debit card during the online application process.

Document Requirements

Required documents for your BRP application include the following:

• A valid passport or travel document
• Proof of your address in the UK
• A passport-sized colour photograph
• Any additional documents relevant to your immigration status

Ensure all documents are original, up-to-date, and in the required format.

Sample Covering Letter Template

[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Date]

[Home Office/UKVI]
[Address]
[City, Postal Code]

Subject: Application for a Biometric Residence Permit

Dear [Sir/Madam],

I am writing to apply for a Biometric Residence Permit (BRP) under the [category/type] of [Visa or Immigration Status]. My application reference number is [application reference number]. I’m sharing the required documents, including my passport, proof of address, and a list of documents as attached.

I reside in the UK under a [current immigration status], which expires on [expiry date]. I request the issuance of a BRP to confirm my immigration status and entitlements, including access to work, public services, and benefits.

I have provided accurate and complete information in my application, and I am confident that I meet the eligibility criteria for the BRP.

Thank you for considering my application.

I look forward to your favourable response.

Sincerely,

[Your Name]

Tips for a Successful Application or Appeal

• Provide complete and accurate information in your application.
• Submit up-to-date and well-organized supporting documents.
• Seek professional advice from experienced immigration solicitors like Kayani Legal to ensure compliance with the law and avoid common pitfalls.

Common Reasons for Refusals

• Incomplete or incorrect application forms
• Insufficient supporting documents or evidence
• Failure to meet the eligibility criteria
• Criminal history or security concerns

Visa Extensions and Changes

Where you need to extend your visa or switch to a different category while in the UK, consult an experienced immigration solicitor like Kayani Legal to explore your options and ensure a smooth transition.

Rights and Restrictions

Your BRP outlines the rights and restrictions associated with your immigration status,

What is a Biometric Residence Permit (BRP)?

A BRP serves as a confirmation of your:

• identity
• right to study
• entitlement in public services or benefits

You must only use your BRP card to verify your right to work or rent, which you must prove online.

Case Studies and Success Stories

Case Study 1: Successful Biometric Residence Permit Application for a Skilled Worker.

A skilled worker from a non-EEA country approached Kayani Legal for assistance with their Biometric Residence Permit (BRP) application. The client faced challenges guiding the complex application process and understanding the supporting documents. Kayani Legal provided expert guidance throughout the process, ensuring the client submitted a complete and accurate application. As a result, the client’s BRP was granted, allowing them to work and live in the UK without any issues.

Case Study 2: Securing a BRP for a Family Member of a British Citizen

A non-EEA spouse of a British citizen contacted Kayani Legal for help securing their BRP. The couple struggled to prove their genuine and subsisting relationship, which is a crucial requirement for family-based BRP applications. Kayani Legal’s expertise in UK immigration law enabled them to advise the couple on the appropriate documentation and evidence required. By following Kayani Legal’s guidance, the couple was able to present a strong case, resulting in a successful BRP application.

Case Study 3: Obtaining a BRP for a Student in the UK 

A non-EEA student, who had been granted a study visa, approached Kayani Legal to help obtain their BRP. The student needed help understanding the application process and required documentation. Kayani Legal’s experienced solicitors provided personalized advice, guiding the student through each step of the BRP application process. The student successfully received their BRP, allowing them to study in the UK without hindrance.

Case Study 4: Replacement of a Lost BRP 

A non-EEA national, already residing in the UK, contacted Kayani Legal after losing their BRP. The client was worried about their immigration status and the potential consequences of not having a valid BRP. Kayani Legal promptly advised the client on the necessary steps to report the lost BRP to the Home Office and apply for a replacement. With Kayani Legal’s assistance, the client successfully obtained a new BRP, ensuring their continued legal status in the UK.

Case Study 5: Securing a Biometric Residence Permit for indefinite Leave to Remain 

A non-EEA national approached Kayani Legal for assistance in securing a BRP with indefinite leave to remain. The client faced challenges meeting the continuous residence requirement and providing evidence of their English language proficiency. Kayani Legal’s solicitors carefully reviewed the client’s case and provided tailored advice on overcoming these challenges. Following Kayani Legal’s guidance and expertise, the client successfully obtained their BRP with indefinite leave to remain, granting them the ability to reside in the UK without any time restrictions.

UK Case Laws on Biometric Residence Permits:

(On the Application of Raza) v SSHD [2016] EWHC 215

Lawfulness of biometric data retention after naturalisation.

R (On the Application of Kiarie and Byndloss) v SSHD [2017] UKSC 42

Deportation cases and the “deport first, appeal later” policy, with implications for BRP holders.

R (On the Application of Gheorghiu) v SSHD [2017] EWHC 2406

The legality of the Home Office’s refusal to issue a BRP due to previous deception.

R (On the Application of Mahad) v Entry Clearance Officer [2009] UKSC 16

Requirement of a valid BRP in family reunion applications.

R (On the Application of Mudibo) v SSHD [2016] EWHC 962

Home Office’s obligations in issuing a BRP after a successful appeal.

R (On the Application of Faqiri) v SSHD [2018] EWHC 1217

Challenging the Home Office’s refusal to issue a BRP based on doubts about the applicant’s nationality.

R (On the Application of MK (Pakistan)) v SSHD [2015] EWHC 353

Evaluating the Home Office’s decision to revoke a BRP due to alleged deception in a previous application.

R (On the Application of Khudayarov) v SSHD [2015] EWHC 2849

Judicial review of the Home Office’s decision not to replace a lost BRP.

R (On the Application of BS) v SSHD [2015] EWHC 681

The legality of the Home Office’s refusal to issue a BRP following a change of circumstances.

R (On the Application of AA (Nigeria)) v SSHD [2016] EWCA Civ 662

Exploring the impact of a criminal conviction on the revocation of a BRP.