Transferring ILR Visa to a Biometric Residence Permit
A Biometric Residence Permit (BRP) is proof of a right to reside, work or study in the UK. It will include the following information:
- Date of birth
- Place of birth
- Biometric information including fingerprints
- A photograph
- Immigration status.
For those who have obtained indefinite leave to remain but do not have a BRP, a No Time Limits (NTL) application can be made to transfer ILR to a BRP.
When to Apply for a Transfer of ILR to a BRP
There is no specific time to make a NTL application. As long as you have ILR, you can apply whenever you would like to.
An application can be made when:
- The passport containing an indefinite leave to enter (ILE), indefinite leave to remain (ILR) or NTL endorsement has been lost, stolen or has expired;
- The individual has indefinite leave to remain in the UK but they do not have any documentary evidence confirming this (for example because they were deemed settled in the UK on 1 January 1973 in line with section 1(2) of the Immigration Act 1971);
- They have legitimately changed their identity.
Who is Eligible to Apply to Transfer ILR to a BRP
To be eligible for a NTL BRP, the applicant must:
- Have indefinite leave to enter (ILE) or indefinite leave to remain (ILR) in the UK
- Have not lost their ILE or ILR (for example by being absent from the UK for a continuous period of 2 years or more since ILE/ILR was granted)
- Continue to be entitled to ILE or ILR (for example the ILE/ILR has not been or will not be revoked)
European nationals who have acquired a right of permanent residence and/or pre-settled/settled status are not eligible to make a NTL application. However, European nationals who acquired indefinite leave to remain prior to the Immigration (European Economic Area) Regulations 2006 can apply.
Benefits of Transferring ILR to a BRP
It is not mandatory for a person to apply for a NTL BRP but there are benefits to doing so, for example, a NTL BRP:
- Has enhanced security features which cannot be found on an old style vignette (sticker) which means there is less chance of it being used fraudulently by another person;
- Is evidence that a person has the right to stay permanently in the UK and has a right to work and access certain benefits;
- Will facilitate travel to and from the UK.
How to Apply to Transfer an ILR to a BRP
Applications for NTL must be made in the UK on the NTL application form and require a fee. The application form must be completed online, and you will need to have your biometrics taken (fingerprints and photo).
Required Documents for an NTL Application
You will need to provide a document which confirms your identity such as a passport, driving licence or national identity card.
You should provide documents demonstrating that you have indefinite leave to remain such as a passport with an ILR or ILE endorsement, BRP or grant letter. This is not an exhaustive list of documents which you could provide.
If you have changed your name since you acquired indefinite leave to remain, you should provide evidence of this such as deed poll, statutory declaration or your marriage certificate.
If you do not have any other documents demonstrating that you have indefinite leave to remain, then other systems such as the case information database (CID), the central reference system (CRS), Home Office files and visa application form (VAF) will be checked.
Cost to Transfer an ILR to a BRP
There is no application fee for a No Time Limit application. You’ll get a decision within 6 months of attending your UKVCAS appointment.
If you want a faster decision you can pay an extra £800 for the super priority service, however priority services are not always available. If you are able to purchase a priority service, then you should get a decision in:
- by the end of the next working day after your UKVCAS appointment if your appointment is on a weekday;
- 2 working days after your UKVCAS appointment if your appointment is at the weekend.
Factors the Home Office Will Consider in a No Time Limit (NTL) Application
The Home Office will consider the following factors in deciding an NTL application:
- Whether you have ILE or ILR in the UK;
- Whether you have lost your ILE or ILR (for example by being absent from the UK for a continuous period of 2 years or more since ILE/ILR was granted);
- If you continue to be entitled to ILE or ILR (for example the ILE/ILR has not been or will not be revoked);
- That your identity has not changed (or where the identity has changed, this is legitimate)
The Home Office will consider any documents which you submit with your application.
Right of Appeal Against a Decision to Refuse a Transfer of ILR to a BRP
If a no time limit application is refused, the applicant has no right of appeal against the decision. This is because a refusal of a no time limit application is not an immigration decision, according to section 82(2) of the Nationality, Immigration and Asylum Act 2002.
Contact our Immigration Barristers
For expert advice and assistance regarding an NTL application, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.