Last week, Lauryn McCrorie from our Glasgow office, wrote a blog about the Home Office announcement of 26th September 2024 in relation to BRPs. As from 31st October 2024, no new BRPs will be issued.
There are a small group of migrants who have indefinite leave to remain but have never been issued with a biometric residence permit. The record of their status may be a vignette in their passport or an old letter (perhaps from the 1990s or earlier) from the Home Office granting indefinite leave to remain. The Home Office refers to these migrants as holding “wet stamps” as proof of their immigration status. In order for a person with a “wet stamp” to be able to set up an eVisa, they first need to make a No Time Limit application Biometric Residence Permit Replacement Service (visas-immigration.service.gov.uk). The application is free to complete. The application, however, can be complicated because an applicant needs to be able to show that they have not lost their indefinite leave to remain through being absent from the UK for a continuous period of two years or more. This is known as the “returning residents” rule. Under this rule, a person can lose their indefinite leave to remain if they have stayed away from the UK for more than two years. The type of evidence produced with these applications may include medical records, HMRC records or dental records, so as to establish that a person has not been absent from the UK for a continuous period of two years or more.
The Home Office has however recently communicated to the Immigration Law Practitioners Association that by the end of 2024, the No Time Limit application form will be amended and an applicant will simply be asked to answer a question along the lines of “have you been absent from the UK for a period of two years or more?” Caseworkers’ guidance will be amended such that in most circumstances they will accept the self-declaration as evidence of compliance with the returning residents rule. Nevertheless, the communication from the Home Office states that there will be circumstances where further enquiries will be made by caseworkers where there is information on Home Office systems or in any documentation provided to the decision maker that suggests that a person may have been absent for two years or more.
Here at Drummond Miller, our view is that applicants who have “wet stamps” as proof of their indefinite leave to remain should make a no time limit application, as this will then allow them to be able to make an eVisa application.
Our immigration team would be happy to assist with the completion of these applications, therefore, if you do require assistance, please do not hesitate to contact our Edinburgh or Glasgow office to speak to a member of our team.
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