Since 6 April 2022, legal immigration document holders in the UK with indefinite leave to enter (“ILE“) or indefinite leave to remain (“ILR“) have been able to submit a no time limit application (“NTLA“) completely free, in order to gain a biometric residence permit (“BRP“) evidencing their UK immigration status. The Home Office is continuing to encourage individuals to submit an NTLA as soon as possible, in hopes of digitalising the system and minimising the use of paper-based products.
The BRP is a credit card sized photocard which can be used for:
- identification purposes;
- evidence of right to study;
- evidence of right to public services and benefits; and
- use in travel either into or out of the UK.
The most important benefit of a BRP is that it can be used to evidence right to work in the UK and right to rent in England by using the free online Home Office services. The unique BRP number is used to generate a share code which can be used by employers and landlords to confirm right to work and rent, meaning that obtaining proof is easier and quicker for both parties than with other types of immigration documents.
Individuals can also apply for BRPs for any of the following family members via their NTLA, if the family member in question also has ILE or ILR:
- spouses;
- civil partners;
- unmarried partners;
- same-sex partners; and
- children under 18.
For individuals looking to go through this process, it is important to submit their NTLA as soon as possible, as it can take approximately 2-3 months for each NTLA to be processed. It is anticipated that millions of people will begin the process between now and the end of 2024 when BRPs are scheduled to be abolished by the Home Office as we move to a digital immigration verification system.
Employers should take note of the lack of priority applications for NTLAs, therefore we would recommend starting the process sooner rather than later to ensure employees with legacy documents receive their BRPs without undue delay.
Researched provided by Neely Middleton – Trainee Solicitor
For further information, please contact:
Tom Mintern, Bird & Bird
tom.mintern@twobirds.com
