Q&As

Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued?

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Published on LexisPSL on 29/06/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued?

Practice Note: Biometric Immigration Documents confirms that:

‘An application for a replacement BRP must be made if the original BID is lost, stolen or damaged, if they are a child and their BID has expired ahead of their leave, or if they have ILR and their BID has expired. The application in such circumstances is made on form BRP(RC).’

The requirement to apply for a replacement BRP derives from the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, reg 19.

This states (our emphasis):

‘19 (1) A person who has been issued with a biometric immigration document under regulation 13(1), 13A(1) or 13B(1) is required to apply for a replacement biometric immigration document where his original document—

(a) has been cancelled under paragraphs (a) to (g) of regulation 17; or

(b) has ceased to have effect under regulation 13(4)(b), (c) or (d), regulation 13A(6)(b), (c) or (d), or regulation 13B(4)(b).

(2) A person required to apply for a biometric immigration document under paragraph (1) must do so within 3 months beginning with the date that the original documen

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