Q&As

Can you make an application for naturalisation using an expired Biometric Residence Permit (BRP) which confirms that they hold indefinite leave to remain?

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Produced in partnership with Jocelyn Howorth of Immigration Joss
Published on LexisPSL on 06/08/2019

The following Immigration Q&A produced in partnership with Jocelyn Howorth of Immigration Joss provides comprehensive and up to date legal information covering:

  • Can you make an application for naturalisation using an expired Biometric Residence Permit (BRP) which confirms that they hold indefinite leave to remain?

The British Nationality Act 1981 (BNA 1981) requires that, where the applicant is married or in civil partnership with a British national, they hold a document that shows they are in the UK without time restriction, ie that they hold indefinite leave to remain (ILR) or some other form of settlement. There is no restriction on how long that has been held for and you can make the naturalisation application the day after ILR is granted.

Where the applicant is not married or in a civil partnership with a British national, the applicant must have held leave without time restriction for a minimum of 12 months (there are discretionary exceptions to this which are beyond the scope of this response).

To demonstrate that a person holds leave without time limit, they could submit a passport with a no time limit stamp in it, a document gr

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