Return BRP after Citizenship Ceremony within 5 days

[cs95tdg]

Yes, I did; I applied in November and yes, this requirement wasn't stated in the form or guidance at the time. However, the reason I provided the update above was to highlight that even though it wasn't mentioned on the form then, it is now a requirement which was also highlighted & explained during the citizenship ceremony I attended. The council registrar advised everyone to refer to the latest HO AN guidance for details.

Thanks Char, did you get any update about your british passport (as you applied using combined application). Any passport interview lined up for you?

I think you have me mistaken with Char who is forum moderator here. I'm just a forum member/contributor .

But to answer your question, I haven't received it yet. And am expecting it to be sent directly in the post, without further interaction with HMPO. There's a topic related to the pilot joint citizenship and passport scheme if you are interested in finding out more. http://www.immigrationboards.com/britis ... 99520.html

[Gabrielle72]

Hi everyone

I'm not sure if I understand this correctly so can someone clarify for me please what are you talking about here? I've done my biometric in Nov last year and all I've got from them it was a letter saying that I have to go to do it. I haven't got any BRP or anything else, unless the letter is the BRP?

Thanks

[cs95tdg]

Hi everyone

I'm not sure if I understand this correctly so can someone clarify for me please what are you talking about here? I've done my biometric in Nov last year and all I've got from them it was a letter saying that I have to go to do it. I haven't got any BRP or anything else, unless the letter is the BRP?

Thanks

This is about the new requirement that was introduced this year for all newly naturalised applicants to return their BRP that was issued when they were granted settlement, within 5 days of naturalising. This would only apply to those who have a BRP, and not those who have their ILR endorsed on their passport.

What you appear to be referring to is the biometric enrolment request letter the Home office send to all applicants applying for naturalisation. This topic is not related to that.

[noajthan]

Hi All,

Just be mindful that a new rule has been added to return (by post) the BRP back to UKBA after attending Citizenship Ceremony. Otherwise You’ll be fined up to £1,000 if you don’t return your permit in 5 days.

Link is https://www.gov.uk/becoming-a-british-c ... p-ceremony

...

Bit of a catch-22 situation...

A cautionary tale for members with young children recently born in UK (whilst parent/s had ILR & have recently naturalised) who are applying for child's first British passport:
british-citizenship/biometric-card-retu ... 02354.html

[naidupavan]

Dear Friends,
Please see below the Trail of Emails with the Out come... With reference to BRP!

I would like to say IT IS GOOD NEWS...!

Please note I have deleted other people Email address and TEL numbers

Dear Pavan

Kirsty has now been provided with a response from UK Visas and Immigration.

The member of the MP Account Manager Team that was looking into Kirsty’s enquiries has confirmed that since your application was considered in December 2015, before the legislation came into force in January 2016 you will not be required to return your Biometric Residence Permit. I understand that this contradicts the initial response received, but I have confirmed with the member of staff that I spoke with that this further response is correct.

Further to this, he also clarified that it can take up to 6 months to receive a Certificate of Entitlement to Right to Abode.

I hope this information is useful. Should you have any further issues or queries, please do not hesitate to contact Kirsty’s office.

Kind regards

Ellen

Exxx Cxxxx
Parliamentary Assistant to Kirsty Blackman MP for Aberdeen North


Good afternoon

I was recently contacted by my above named constituent regarding his biometric residence permit.

I understand that Mr XXXXX’s application for British citizenship was approved in December 2015 and he is set to attend his Citizenship Ceremony on 2 February 2016. Mr XXXXX states that he regularly works away as part of his job in destinations both within and out with the EU, meaning he often has to apply for visas to allow him to visit certain countries. One example that Mr XXXXX gives is that he applied for a visa in July 2015 that would allow him to travel to Ghana later this year. Mr XXXXX states that he used his Indian passport and BRP to apply for this and other visas, however, he has become aware of new legislation that states new British citizens are required to return their BRP within 5 days after their Citizenship ceremony or face a fine of up to £1000.

Mr XXXXX is concerned that this legislation applies to him as a new British citizen, meaning he will have to return his BRP before he is able to travel to the destinations using the visas linked to his BRP and is concerned that he will be unable to travel and return to UK because of this. Mr XXXXX has asked that I point out that his application for British citizenship was approved and he applied for these visas before this legislation came into force.

I would be grateful if you could clarify whether this new legislation applies to my constituent’s case, considering his citizenship was approved before the legislation was implemented. If this does apply to my constituent, I would appreciate if you could advise whether Mr XXXXX’s BRP could be extended so that he can undertake his pending business trips on his Indian Passport and if this is not possible, could you please recommend any alternative solutions that Mr Akula could follow.

I look forward to hearing from you.

Kind regards

Kirsty Blackman
Member of Parliament for Aberdeen North

Address: 46 John Street, Aberdeen, AB25 1LL
Email: kirsty.blackman.mp@parliament.uk | Call: 01224 633285 | Text: 07464 606650



From: XXXXX, XXXXX
Sent: 25 January 2016 14:57
To:
Cc: BLACKMAN, Kirsty
Subject: XXXXX XXXXX - RETURNING YOUR BIOMETRIC RESIDENCE PERMIT (BRP)
Importance: High

Hi Ellen
Good Afternoon,
As discussed over the phone please see the attachments as requested.

As per HOME OFFICE regulations ( Naturalisation as BRITISH CITIZEN Guidance NOTES page 21) New Rule from Jan 2016 UNDER CONTENTS : Section 7

“RETURNING YOUR BIOMETRIC RESIDENCE PERMIT (BRP)”

I did not return my Biometric Residence Permit (BRP) when I applied to become a British citizen. But as per new Guidance notes
I must return it to the Home Office within 5 days from the date I attended my Citizenship ceremony, or the date I was issued with a certificate of naturalisation, whichever is sooner.

Failing to do so the Secretary of State may impose a fine of up to £1,000.


I would like to requested My local MP to verify the following things.
1. At the time of my application this rule was not in place. Is it APPLICABLE to me now?
2. I would like to request my MP to request Home office to extend my BRP validity ( If possible ) so that I could finish my pending business trips on INDIAN PASSPORT.
3. Any other alternative solution to this.
Please find the letter from home office regarding my Naturalisation Invitation. Any further queries please feel free to contact me.

Note As this is a public forum, I have removed all personal identifying details from your post so as to maintain your privacy & security.

Ref forum T&Cs (click)
- Board Moderator

[seagul]

I have said many times even again saying that if some one used pre January form and got approval on that form and is neither given in writing by HO nor in writing by council then this penalty cannot be enforceable rather the non-pilot scheme users should impose penalty on HO that why they are unofficially processing faster the applications from pilot scheme users. HO must be fined over their unofficial behaviour over pilot scheme users at the cost of non-pilot scheme users.

[techguy007]

Hi,


I posted my Passport and BRP with the Passport application using the Check and Send Service.
Do you think the passport office will retain my BRP and send me only the Passport.

Cheers

[Casa]

Yes

[secret.simon]

@naidupavan,

Could you contact your MP and request her to get the answers to the following questions in writing from the Home Office?

With regards to the policy for returning BRP on successful completion of naturalisation;
a) What is the date on which the legislation was enacted and a link to the relevant legislation (most likely a statutory instrument)?
b) which is the operative date to be considered; the date of application, the date of the approval letter or the date of the naturalisation certificate?

[Richard W]

I think the requirement to return has to be based on the date of naturalisation (i.e. the date of the ceremony). As far as I can see, the power is based on The Immigration (Biometric Registration) Regulations 2008 Regulation 16(1)(g)

16.—(1) The Secretary of State may require the surrender of a biometric immigration document as soon as reasonably practicable if he thinks that —
(g) the document has ceased to have effect under regulation 13(3) or has been cancelled under regulation 17;

The relevant part of Regulation 13(3) was

13.—<snip>
(3) A biometric immigration document ceases to have effect on one of the dates specified in paragraph (4), whichever date occurs earliest.

(4) The specified dates are —

(a)the date that the person’s leave to remain ceases to have effect, including where the leave to remain is varied, cancelled or invalidated, or is to lapse;

Subsequent amendments have had no discernible effect on Regulation 13(3), though there are now three subtypes of 'biometric immigration documents'. What may have changed is that the courts have ruled that leave to remain has no further effect once one acquires British citizenship.

(I trust that British citizenship acquired by children born while a parent has indefinite leave to remain is not deemed to be cancelled by subsequent naturalisation or registration of the parent. Seeming confiscation of the evidence of the leave had been offending my sense of justice for some time.)

[omya]

Hi there,
I am a spouse of a British Citizen, and I am about ot send my AN application, been on ILR for a year now. But if I am planning to use NCS which means I wont have to send my BRP, BUT at the same time I will not be allowed to travel until I receive my British Passport according to the new rule, as I have to return the BRP to the HO within 5 days of attending the ceremony or being given the Naturalisation cerificate...does this mean that I cannot travel until I get the British Passport?

I just need some clarification on this matter..did I understand it right?

[LilyLalilu]

You can still travel whilst your application is in progress. Once you attend the ceremony and officially become a British Citizen your BRP will be invalidated (+you need to return it to the HO within 5 days) and you therefore can't really travel from then until you receive your British passport.

[omya]

Thanks for the reply..
But if the letter of approval for my naturalisation comes when I'm abroad, will it be a problem that I wont reply ( to attend the ceremony)?I need to be abroad for abot 4-5 weeks.

[secret.simon]

Thanks for the reply..
But if the letter of approval for my naturalisation comes when I'm abroad, will it be a problem that I wont reply ( to attend the ceremony)?I need to be abroad for abot 4-5 weeks.

You do know that you must contact the council to arrange the date of the naturalisation ceremony within 21 days of the date of the approval letter.

Make sure a neighbour or a friend is checking the post for you.

[noajthan]

... & attend ceremony within 3 months or else its 'game over'.

[omya]

Thank you for your reply...I will see what I can do..

[pras932]

Hi all,

I'm a bit confused with this new rule.

I filled out the AN form around June 2015. In December 2015 I was invited for the ceremony. I went for the ceremony on 9th feb 2016.

Now I'm reading about this new rule of returning the BRP 5 days after naturalisation ??

MY OLD APPLICATION FORM DIDNT MENTION ANYTHING AND I HAVENT BEEN NOTIFIED BY ANYONE TO RETURN THE BRP.

I'm confused as if I should reply or does it apply only for new application. After 8th Jan.
Any help will be appreciated.

[ohara]

It doesn't look like they are enforcing this rule retrospectively so don't worry. Once you become a British citizen it will be invalid and therefore useless anyway.

Presumably HO have got annoyed at the amount of people attempting to enter the country using an ILR BRP shortly after naturalising and before they have got a British passport, and are now demanding them back from new applicants after their ceremony (the change was added in the 01/2016 version of AN form).

[Richard W]

Once you become a British citizen it will be invalid and therefore useless anyway.

Your statement is only true if British citizenship obtained by being born in the UK to a holder of ILR evidenced by a BRP lapses on the parent's being naturalised unless evidenced by a British passport or certificate of Right of Abode. Otherwise, evidence of having held ILR at such and such a time may well matter. The BRP is described as 'the evidence of ILR', not just as 'evidence of ILR'.

[secret.simon]

Once you become a British citizen it will be invalid and therefore useless anyway.

I believe that ohara's comment about the usefulness of a BRP after naturalisation applied specifically to its use as a travel document.

Your statement is only true if British citizenship obtained by being born in the UK to a holder of ILR evidenced by a BRP lapses on the parent's being naturalised unless evidenced by a British passport or certificate of Right of Abode.

Richard W's point about its use as a document to evidence ILR at a point in the past, for purposes such as acquisition of British citizenship for children born in the UK to people settled in the UK, is a valid one and it is unclear if the government has thought it through.

Presumably, given that such data is held on government systems, a SAR request would be a way of getting hold of the specific dates that the person held ILR. But that is not as authoritative as a BRP.

[Richard W]

Richard W's point about its use as a document to evidence ILR at a point in the past, for purposes such as acquisition of British citizenship for children born in the UK to people settled in the UK, is a valid one and it is unclear if the government has thought it through.

Presumably, given that such data is held on government systems, a SAR request would be a way of getting hold of the specific dates that the person held ILR. But that is not as authoritative as a BRP.

Vinny pointed out to me a similar problem with an ILR stamp in a surrendered Indian passport. See Apparition's posts in proof of my father's ILR at the time of my birth. That SAR data needs to be preserved for at least the next generation - perhaps forever! How does one defeat the claim that anyone could have faked the report?

[cs95tdg]

Richard W's point about its use as a document to evidence ILR at a point in the past, for purposes such as acquisition of British citizenship for children born in the UK to people settled in the UK, is a valid one and it is unclear if the government has thought it through.

Presumably, given that such data is held on government systems, a SAR request would be a way of getting hold of the specific dates that the person held ILR. But that is not as authoritative as a BRP.

Vinny pointed out to me a similar problem with an ILR stamp in a surrendered Indian passport. See Apparition's posts in proof of my father's ILR at the time of my birth. That SAR data needs to be preserved for at least the next generation - perhaps forever! How does one defeat the claim that anyone could have faked the report?

This is a interesting and valid concern. As far as I'm aware SAR records only go back a limited number of years. Would be interesting to find out precisely how far back immigration records are maintained.

[techguy007]

Yes

Hi again


I received my documents back from the passport office and they have returned the BRP as well.
Should I post the BRP with a note that I have attended the ceremony and now a British citizen?

I assume now i can call the passport appointment line and book an appointment without waiting for an invitation letter. Am I correct?

Posting back our passports/BRP/Citizenship certificates means that they are ok with the forms we filled and the countersignatory? My colleague never received a letter from HO to verify our details since the day we posted the passport application which was 7 days back

Cheers

[Wfshah]

Can i have some help please, i applied through pilot sceheme, so done my ceremony on 24th called passport office to check with them, they said my passport application is in process and i shud hear from them for i terview letter in a qeek pr two, and i asked about sending brp , so they said to keep it safe till then, now i am confused, do u gpfor interview in pilot scheme? I am a bit scared incase i dont send brp and they delay my application

[Casa]

One of the points of the pilot scheme is that the applicant doesn't need to attend an interview.