If you have indefinite leave to remain in the UK, you can use your Biometric Residence Permit as a document to confirm both your identity and your immigration status.
If you have obtained indefinite leave to remain but do not have a BRP, a No Time Limits (NTL) application can be made to transfer ILR to a BRP.
What is a biometric residence permit?
The BRP is similar in size and form to an identity card or a photo driving licence and displays the following information:
- your name
- date and place of birth
- biometric information (fingerprints and passport-style photo)
- immigration status
- conditions of your stay in the UK
- whether you may apply for public funds, such as benefits and healthcare
Your BRP can be used to confirm your identity.
You can also use it to confirm your right to work, live and study in the UK.
When applying for employment, your BRP will demonstrate to an employer that you have the right to work in the UK.
Finally, where you are eligible to access public funds, you may confirm this by showing your BRP.
It is a legal requirement that your BRP should show accurate information so you must ensure that it is kept up to date, reporting any changes such as your address to the Home Office.
If your BRP is lost, stolen or damaged, you must again report this to the Home Office and apply for a replacement. If you do not apply for a replacement within 3 months, you may well face a fine of up to £1,000.
Do you need a BRP if you have ILR?
You can prove that you have indefinite leave to remain in the UK by presenting your passport or your biometric residence permit.
ILR holders are not obligated to have a BRP, but it can be beneficial for a number of reasons. It offers a widely-recognised form of identification and proof of UK rights, and can be used to travel in and out of the UK. In addition, the enhanced security features of the BRP far surpass that of the visa vignette, making it more difficult to be used fraudently.
If you do not yet have a BRP to prove your ILR status, you can make an NTL application. There is no time limit imposed on making this application, provided you have ILR status. Typically, the NTL application is made when:
- The ILR holder’s passport containing their ILR or NTL endorsement has been lost, stolen or has expired.
- The ILR holder does not have official documentary evidence of their immigration status.
- The ILR holder has legally changed their identity.
To be eligible for an NTL BRP, you must hold valid ILR (or indefinite leave to enter (ILE)), in the UK. You cannot have lost your ILR status, for example through extended absence from the UK, and you must continue to be entitled to ILR.
Applying to transfer ILR to a BRP
Applications for NTL must be made online and in the UK using the NTL application form. The fee for an NTL application is £229 for standard processing, which can take up to 6 months, or for an additional £800 you can get a faster decision using the super priority service.
To apply, you will need to submit a document proving your identity, such as a passport, driving licence or national identity card, along with evidence that you hold valid ILR, such as your passport with ILR endorsement.
You will also need to submit your biometric information, (at a cost of £19.20). This detail will be stored on the actual card.
There is no right of appeal against the Home Office’s decision on your application, since an NTL application is not considered an immigration decision.
If you have any questions about any aspect of ILR – eligibility, making an application, reapplying following a refusal – DavidsonMorris can help.
Last updated: 2 February 2021