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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 www.gov.uk/prove-right-to-work 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 egledunayev@incegdlaw.com Senior Immigration Consultant at Ince to clarify this or any other UK immigration question you may have. We are here to help you.

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