Immigration Corner | The need for a British residence permit

Dear Mr Bassie,

What is a biometric residence permit, and under what circumstances will it be needed? Thanks for your assistance.

– YG

Dear YG,

Persons will need a biometric residence permit (BRP) to confirm their identity. It can also be used to prove that persons have the right to study or work in the United Kingdom and, if entitled, to any public services or benefits that they may be eligible for.

Persons will usually get a BRP if they:

• Apply to go to the United Kingdom for longer than six months;

• Extend their visa to longer than six months;

• Apply to settle in the United Kingdom;

• Transfer their visa to a new passport;

• Apply for certain Home Office travel documents.

Please note that they do not have to apply separately for a BRP.

Persons will not get a BRP if they use the ‘UK Immigration: ID Check’ app to prove their identity when applying for a visa. Those persons will receive a digital immigration status instead.

WHAT IS ON THE BRP

The BRP will include a persons’:

• Name, date and place of birth;

• Fingerprints and a photograph of their face (this is regarded as biometric information);

• Immigration status and any conditions of their stay;

• Information as to whether they can access public funds, for example, benefits and health services.

Persons may have a National Insurance (NI) number printed on the back of their BRP. Please be aware that not all BRPs have this. This will depend on factors like the date it was issued and the visa status.

Persons will need to apply for a NI number if all of the following apply:

• There is not one on the BRP;

• The person does not already have one;

• The person is planning to work, claim benefits, apply for a student loan or pay Class 3 voluntary National Insurance contributions.

It is worth noting that persons should also report a change of circumstances if they have a visa or BRP. Persons who are in the UK and have a BRP must report any changes in their circumstances if they are there and have either:

• Got a biometric residence permit;

• Applied for a BRP but have not had a decision yet.

How they do this will depend on what they are reporting.

To report a change of address only, persons can change their address without having to apply for a new BRP. They can either report a change of address online or fill in the ‘change of circumstances’ form and send it to the address on the form.

When persons are reporting a change to their name or personal details, they must apply for a new BRP straight away if any of the following things change:

• Name, for example, if they have gotten married;

• Nationality;

• Facial appearance;

• Date of birth, for example, if it was wrong;

• Gender.

Please note that when applying for a replacement BRP online, persons will need to pay a fee. Also, persons must apply for a new BRP within three months, as persons can be fined up to £1,000 or have their stay shortened if they do not.

In addition, persons must report all other changes with respect to the details that were given in their BRP application, including if:

• They get a criminal conviction;

• They separate from their partner;

• Any of their children stop living permanently with them.

They should fill in the ‘change of circumstances’ form and send it to the address on the form.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, global vice-president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com