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© Ferguson Snell & Associates
Ferguson Snell & Associates
Head OfficeT: +44 (0)203 668 2700F: +44 (0)207 621 0828E: [email protected] Forum House15-18 Lime Street, London EC3M 7AN
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INSIDE NEWSUK Immigration Act 2015 Update :Home Office Vignette & BRP Shakeup
Ferguson Snell & Associates is registered by the Office of the Immigration Services Commissioner
Further to our previous UK Immigration Update published on 5th February 2015, we have now received additional information from the Home Office regarding the issue of Biometric Residence Permits (BRP) for non-EEA nationals seeking entry to the UK for more than six months.
The International Rollout of the BRP scheme will be phased-in over three months starting 18th March 2015 for entry clearance applications submitted in Pakistan, with sequential introductions to specified countries around the world, until 31st July 2015 when it will apply to all countries. The Biometric Residence Permit International Rollout Schedule is reproduced below:
Phase 1 – 18th March 2015 Pakistan
Phase 2 – Mid April 2015 (estimated, subject to the exact date legislation comes into force)
Gibraltar North Korea Iceland India Indonesia Italy Laos Libya Maldives
Armenia Bangladesh Bhutan Burma Cambodia China Cyprus Denmark Estonia Malta
Norway Portugal Republic of Ireland Spain Sri Lanka Sweden Thailand Vietnam
Nepal Finland Germany Netherlands
Afghanistan Ascension Island Australia Bahamas Bahrain Barbados Bermuda Brunei Canada Cayman Islands Dominican Republic Egypt
Falkland Islands Fiji Guyana Iran Jamaica Japan Malaysia Mongolia New Zealand Nigeria Oman Papua New Guinea
Philippines Qatar St Helena St Lucia Singapore South Korea Taiwan Trinidad & Tobago United Arab Emirates United States of America Yemen Philippines
Phase 4 – 31st July 2015 Rest of World
Phase 3 – 31st May2015
18 March 2015
Contd .....
Application Process
Everyone applying for a UK visa from overseas is required to submit biometric information (fingerprints and digital photo) as part of the current application process and this will remain the same. Following the above roll-out, instead of having a vignette endorsed in the passport with the approved visa, applicants will receive a temporary 30-day vignette in their passport. The temporary vignettes will allow people to enter the UK within the 30-day period specified on the vignette. Within 10 days of entering the UK, applicants will be required to collect the BRP cards from the post office designated on the decision letters.
As a result of the Biometric Rollout, persons applying for visas to come to the UK for more than six months should address two considerations before submitting their application:
1. The intended date of travel: this will need to be accurate, as applicants will have a 30-day window fromthis date to enter the UK.
2. Accommodation on arrival in the UK: applicants will also need to confirm a UK postcode because thisinformation will determine the designated post office for each person and the BRP cards will be deliveredto a local post office in the UK.
30-Day Vignette and approval letter Once a migrant receives a successful decision on the visa application, their current passport will be endorsed with the multiple entry 30-day vignette. As part of the documentation returned to the applicant, there will be a decision letter informing the migrant of the full period of leave to enter and when and where to collect the BRP. Should travel plans change, and the 30-day vignette expires before travel, migrants will need to apply for a new short term vignette and re-enrol for their biometrics.
Entering the UK Upon entering the UK, it is recommended the individual carry the decision letter which details the capacity in which the migrant is entering the UK and the length of their stay in the UK.
Travel after arrival in the UKThe 30-day short term vignette can be used for multiple entries in to the UK while it remains valid. Should the migrant be caught outside the UK once the vignette has expired, however, they will need to apply for a new short term vignette which will also incur an additional cost.
Collecting the BRP Card Migrants will have ten days to collect their BRP card upon arrival in the UK and are advised to do so as soon as possible. In the event that the migrant is not able to collect the BRP within the 10 days’ period, the post office will hold the BRP card for up to 60 days before returning it to the Home Office. Please note that there may be sanctions if the BRP card is returned to the Home Office, in the form of a fine or cancellation of the visa. Please review our previous update for further details regarding this.
Currently, there are only a limited number of provisions where someone other than the named individual would be able to collect a BRP card on their behalf. The Home Office will put in place a provision that will allow limited collections by pre-approved representatives. As a result, we cannot currently provide a collection service, but we will advise clients if and when this becomes a possibility.
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Disclaimer: This newsletter is for information purpose only and should not be subsituted as legal advice. Please contact an Immigration Consultant or Advisor at Ferguson Snell & Associates on [email protected] for assistance. The information provided here can change without prior notice.
© Ferguson Snell & Associates, 2015
Details of the designated Post Office branch in the UK will be provided on the decision letter. Should the address change it can be arranged for the BRP card to be collected at another Post Office of the migrant’s choosing but at an additional cost.
Contd .....
Right to work If a visa holder needs to start work before collecting the BRP, they will be able to evidence their right to work (for the purpose of conducting right to work checks prior to commencement of employment) by producing the short validity vignette in their passport but only if it remains valid. Once the BRP is collected, employers will need to conduct a new right to work check by reference to the BRP. Please review our previous update for further details regarding this.
Tier 2 ICT (Short Term) Tier 2 ICT (Short Term) migrants who are granted a visa to be granted for six months with an additional one month added on, as is standard practice, will be issued with a 30-day vignette and a BRP card to cover the duration of their stay in the UK.
Error on BRP If there is an error on he BRP, the migrant must contact the Home Office immediately with details of the error and provide supporting documentation as required.
Lost Passport and or BRP If a migrant loses their passport or travel document immediately after arriving in the UK, they must notify the Home Office immediately by email.
The Home Office is confident that the Post Office network in the UK will be able to cope with the BRP collections. The Home Office has also advised that further guidance will be released regarding the BRP card.
There may be teething problems initially with this new process and Ferguson Snell will continue to monitor the progress of this scheme, we will address any issues clients might have directly with the Home Office, we would therefore encourage you to contact us at the earliest in the event there are any problems encountered with this new process.
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Disclaimer: This newsletter is for information purpose only and should not be subsituted as legal advice. Please contact an Immigration Consultant or Advisor at Ferguson Snell & Associates on [email protected] for assistance. The information provided here can change without prior notice.
© Ferguson Snell & Associates, 2015
Please contact us on 020 3668 2700 for further information or clarification on the information in this newsletter or email us on [email protected]
