Biometric residency permit for the UK

[Siam_Sam]

My Thai wife has been residing in the UK for six years and had ILR for the last four. She has recently obtained a new passport from the Thai Embassy in London in my name. This has meant that she has now had to change her residency permit which is in her old passport in her maiden name. We seriously underestimated how long it takes for the Home Office / UK Visa and Immigration to process the application and we have been told that it can take up to six months. We applied six weeks ago but obviously it could be a while before the permit is issued. We had planned to be in Thailand for the end of September and need to be there as soon as possible.

I have considered cancelling the wife's application so that she gets her passport back and can travel to Thailand but this is the problem that I have. Will my wife be able to travel without the new residency permit? I'm sure leaving the UK would be fine but would she need to show this when she re-enters the UK? Or would her old residency permit in her maiden name be suffice?

The letter that we received back from the Home Office to say that they had received the application and her biometric details contradicts what the accompanying notes on their website state too. In the letter it says that you can cancel the application if you need to travel in an emergency but you won't get the fee refunded. However, on the website it says that you will need to show your residency permit when you re-enter the UK, meaning that it wouldn't be possible to "travel in an emergency" because you'd need it to re-enter the UK.

Is there anyone who has been involved in a similar situation and travelled without incident, using their wife's old residency permit? Or are we going to have to wait for the new one to arrive? I would be very appreciative if someone can give me some advice with this as we need to be in Thailand by the end of October at the latest and this is causing us a lot of problems. If I had some idea of how long the application is going to take it would be a start!

[Richard W]

This has meant that she has now had to change her residency permit which is in her old passport in her maiden name.

That should only be true if she is taking on a new employer, and is not absolutely certain even then. It was still valid for travel.

The decision on whether to issue a biometric residence permit is 'not an immigration decision', so I believe the following scheme would work. Unfortunately, I am not sure that it would work, so discuss it with someone else before following it.

1) Get the passports back. The old one may be useful. Getting the passports back should not cause indefinite leave to remain to be withdrawn. If by some mischance, limited leave has been granted in place of ILR, get legal help and abort travel. See Step 4 for the case where the residence permit has been removed or restricted in some fashion.

2) Travel to Thailand taking both passports, and, if the change of name is not recorded in either passport, your marriage certificate or other documentation to demonstrate the change of name, and the letter notifying your wife that ILR has been granted. The national ID number in the Thai passports should confirm that the passports refer to the same person.

3) If the old residence permit has not been removed or restricted, and the Home Office has not advised that it is no longer valid for return to the UK (I've never heard of this happening), show both passports at check-in for the return flight. There is a risk that the old residence permit may have been invisibly restricted in Home Office records and check-in may discover this and refuse boarding. I don't know enough to quantify the risk. If it happens, proceed with Step 4. If your wife is allowed to board, she should be allowed to re-enter the UK, for she will still have indefinite leave to remain and an apparently valid visa equivalent.

4) If the residence permit has been removed or restricted, apply for a visa to enter as a 'returning resident'. This has a nominal cost of £289.

Unless your wife was able to return using the old residence permit, she will need to get a BRP before she takes new employment or travels abroad.

Personally, I think a BRP evidencing settled status will present travel issues every time it expires after ten years.

Edited September 20, 2014 by Richard W