Immigration Corner | Replacing passport with a residence permit
Dear Mr Bassie,
I have a visa, but my passport has expired. I am told that I am permitted to replace it with a biometric residence permit. Is this true?
Persons are still able to use their visa even if their passport has expired, but they can choose to replace it with a biometric residence permit (BRP) if they are in the United Kingdom (UK). Persons must replace their visa with a BRP if their name or personal details change.
Persons can still use their valid visa in their expired passport, but they will need to show their expired passport and their new passport when they are travelling to and from the UK.
If they are in the UK, they can apply for a BRP instead.
If they are outside the UK, they can transfer their visa to their new passport.
Persons may apply for a BRP if their overall stay in the United Kingdom is longer than six months and any of these details on the visa document has changed: name; nationality; facial appearance; date of birth; gender.
Persons do not need to get a BRP or report any changes if their stay in the United Kingdom is less than six months.
If a person must replace their visa with a BRP, how he or she applies depends on the status of the visa. However, a person will need to pay a fee. If a person has permission to stay in the UK temporarily, that is 'leave to remain', he or she can replace their visa with a BRP by applying for a 'transfer of conditions' (TOC). He or she should use the guidance and the TOC form to apply. This can be obtained from the website www.gov.uk. Persons should then either post their form with the fee, using the address on the form, or take their form when they apply in person at a premium service centre.
If persons have permission to settle, that is have 'indefinite leave to remain', they can replace their visa with a BRP by applying for a 'no time limit stamp' (NTL). If this is the case, then they should use the guidance and the NTL form to apply. The applicant should then either post their form with the fee using the address on the form, or take their form when applying in person at a premium service centre.
The fees for transfer of conditions are as follows. Personal: if applying by post £168, and the same cost for each family member included on the main applicant's application form; and if applying in person £758 and £758 for each family member included on the main applicant's application form.
The fees for no time limit stamp are as follows. Personal: if applying by post £237, and the same cost for each family member included on the main applicant's application form; and if applying in person £827, and £827 for each family member included on the main applicant's application form.
Please note that persons can transfer their visa from an expired passport to a new passport if both of the following things apply: persons are outside of the United Kingdom; persons' visa is still valid. The cost for this is £169. It should be further noted that persons have to apply online to transfer your visa to a new passport.
- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: firstname.lastname@example.org.