Biometric Residence Permit Update – those expiring on 31 December 2024

News / / Biometric Residence Permit Update – those expiring on 31 December 2024

The Home Office has now confirmed that they will introduce a new UK Format Biometric Residence Permit next year, which will more accurately reflect the period of leave granted to holders, or in the case of those granted indefinite leave to remain/enter, be granted for a standard ten year period (five year validity of those under eighteen). They have also confirmed that by early 2024, prior to currently issued Biometric Residence Permits expiring, the Home Office will publish details of how to apply for a free replacement Biometric Residence Permit, issued via the new guidelines set out above.

On 3 April 2020, in their letter to the Immigration Law Practitioners' Association (ILPA), the Home Office addressed the issue of Biometric Residence Permit cards being issued with an expiry date of 31 December 2024, which in some cases in a shorter than a period of leave granted to the applicant and certainly did not fairly cater for those applicants granted indefinite leave to remain. The Home Office clarified that under EU law they were required to restrict the validity of Biometric Residence Permits, which do not incorporate the latest encryption technology. It is generally expected going forward that a migrant will be issued with a Biometric Residence Permit card valid for the period of leave granted, or in the case of a settlement decision, the Biometric Residence Permit is to be valid for ten years (five years for children).   

For the avoidance of doubt, Biometric Residence Permit holders can confirm their immigration status and prove their right to work by using the online service. A similar online tool is available for employers to confirm any current and/or prospective employees’ immigration status. The Home Office has also confirmed that they are revising immigration decision letters to correctly explain the difference between the date of expiry of leave and date of validity of the Biometric Residence Permit card.

Please contact Egle Dunayev Senior Immigration Consultant at Ince to clarify this or any other UK immigration question you may have. We are here to help you.

Egle Dunayev

Egle Dunayev Senior Immigration Consultant

Related services:

Quick links

The Legal 500 2021

“Very available and responsive to company developments in real time. Frank, clear advice – not just the ‘easy’ answer.”

The Legal 500 2022

“The solicitors who have handled our employment related issues are of the highest quality in terms of their specialist area of expertise, their professionalism and their approach to us as clients and as people. Special mention has to be made of Laura Livingstone. Laura became a key member of our team and felt more like a colleague than an external adviser – a colleague you could rely upon. Laura’s attention to detail, professionalism and responsiveness was second to none. Laura has come to know and understand us as individuals and this has enabled her to personalise her advice and even sometimes to preempt our future requirements. We have a very special and extremely valuable relationship with her and the firm.”

- The Legal 500

The Legal 500 2022

“Ince are an excellent “fit” with our specific needs. The firm has consistently provided a broad range of personnel-related advice and in our experience that advice has been consistently of the very highest professional standard: it has been timely, comprehensive, accurate and at a cost which is commensurate with the budget of an organisation of our size.”

- The Legal 500

The Legal 500 2022

“The firm has an unusually high degree of insight into the practices and policies required by the Gambling Commission as regards compliance with its own requirements and conditions – particularly Andrew Tait, derived from his previous in-house experience.”

- The Legal 500