The Biometric Residence Permit
Immigration solicitors are often asked to explain what a biometric residence permit is by confused Immigration clients. It isn’t surprising that Immigration clients do not know what a ‘biometric residence permit’ is. It sounds like the sort of document you need to gain access to a bio nuclear installation.
A biometric residence permit is a plastic card that is roughly the size of a credit card. Some non-EEA nationals need a biometric residence permit as evidence of their right to live and work in the UK. The biometric residence permit contains personal information that some people are wary of putting on a card. However, if you refuse to give biometric information, your Immigration application to UK Visas and Immigration will be rejected. That means you will not be able to enter or remain in the UK.
How can OTS Solicitors help?
OTS Solicitors are specialists in Immigration law and can answer your questions on biometric residence permits and advise you on your best Immigration options.
OTS Solicitors are recommended for Immigration law in the two leading law directories, The Legal 500 and Chambers Guide to the Legal Profession. For expert Immigration law advice please call us on 0203 959 9123 or complete our online enquiry form.
What do you need a biometric residence permit for?
A biometric residence permit is useful for:
Proving that you have a right to reside in the UK;
Proving that you have a right to work or study in the UK;
Giving you an official document to use as a form of identity.
So, whilst the name, ’biometric residence permit’ may sound a bit off putting, the permit can be very useful if you qualify for one.
Information held on a biometric residence permit
Some Immigration clients worry about how much information is held about them on a card that is the size of a credit card. The information held on a biometric residence permit includes:
Your name;
Your gender;
Your nationality and place of birth.
Your date of birth;
Your photograph;
Your fingerprints;
Your digital signature;
Your Immigration status;
The conditions imposed on your Immigration status, for example, the length of your visa and its expiry date or if you have a right to work in the UK;
Whether you have a right to access public services and funds whilst living in the UK;
If relevant, your national insurance number.
That is a lot of information to include on a plastic card but it is the best means of establishing quickly that you have the right to live, work or study in the UK.
Applying for a biometric residence permit
Applying for a biometric residence permit is not as difficult as you might think. The permit is normally applied for as part of your UK Visas and Immigration application.
You will need a biometric residence permit if you are a non-EEA national and you are:
Applying to live in the UK for more than six months or applying to UK Visas and Immigration to extend your visa for more than six months;
Applying to settle in the UK or, in other words, applying for Indefinite Leave to Remain;
Transferring your visa to a new passport or applying for some types of travel paperwork from UK Visas and Immigration.
The biometric residence permit is provided automatically by UK Visas and Immigration if you are successful in your Immigration application.
Providing your biometric residence permit information
To secure a biometric residence permit you must provide the information for the permit. Where you need to enrol your information depends on whether you are applying for the permit from within the UK or from overseas.
If you are applying for the permit from within the UK you will need to provide the information at:
A UK Visa and Citizenship Application Services (UKVCAS) service point; or
A service and support centre; or
A post office.
If, you are applying from overseas, you will be asked to attend a visa application centre.
How long does it take to get a biometric residence permit?
Provided that you made your application from within the UK, you should get your biometric residence permit within ten days of being notified by UK Visas and Immigration that your Immigration application has been successful.
If you made your Immigration application from outside the UK, you will need to collect your biometric residence permit on arrival in the UK. You need to obtain it before:
The entry clearance sticker (or vignette) in your passport or travel document expires; or
Within ten days of arrival in the UK
Whichever is later.
If you do not collect your biometric residence permit then you can be fined up to £1,000.
Errors on your biometric residence permit
Everyone is human and errors do occur. That is why it is best to check your biometric residence permit to make sure that the information on your permit is correct.
There is a time limit within which the information on your biometric residence permit should be checked. It is ten days from receipt of your permit.
Lost biometric residence permit
It isn’t surprising that biometric residence permits get lost. After all they are only the size of a bank card. If your permit gets lost, stolen or damaged you must report this as soon as possible to the Home Office. They have a card management service for lost, stolen or damaged biometric residence permits.
Many Immigration clients may not see the loss of a permit as serious until they actually need the document to prove their identity or right to live and work in the UK. However, if you fail to report a lost, stolen or damaged biometric residence permit you may be fined up to £1,000.
Changes and your biometric residence permit
It is inevitable that some of the information contained in your biometric residence permit may change whilst you are living in the UK. If changes do occur, for example you chose to change your surname by deed poll or you get married or you separate from your partner whilst in the UK on a spouse visa, the changes need to be reported to UK Visas and Immigration.
Biometric residence permit and travel
The Immigration Rules say that you should have your biometric residence permit with you if you are planning to travel overseas as you will need your permit as well as your passport for exit and re-entry into the UK.
Length of a biometric residence permit
A biometric residence permit is valid for the duration of your leave to enter or remain in the UK. If you decide to apply to extend your visa it is vital that your permit is also extended as you may need it to prove your right to work in the UK or to re-enter the UK.
Do you need a biometric residence permit with Indefinite Leave to Remain
You do not have to have a biometric residence permit if you have Indefinite Leave to Remain in the UK but a permit can be helpful and the easiest and best way to evidence your right to live and work in the UK.
If you have Indefinite Leave to Remain you can apply for a biometric residence permit by making a No Time Limits application if:
You do not have documentary evidence of your Indefinite Leave to Remain. For example you are part of the Windrush generation;
You have lost your passport that contains evidence of your Indefinite Leave to Remain status;
You can apply for a permit at any time that you have valid Indefinite Leave to Remain.
How can OTS Solicitors help?
OTS Solicitors are specialists in Immigration law and can answer all your questions on biometric residence permits and advise you on your best Immigration and visa options.