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-   -   Travel after ILR approved but donít have new BRP card yet (https://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/1489336-travel-after-ilr-approved-but-don-t-have-new-brp-card-yet.html)

HazelRodriguez 9th October 2019 04:26 PM

Travel after ILR approved but donít have new BRP card yet
My husbands current BRP card doesnít expire until 16/1/2020, he received this from his FLR visa application.

He entered the country 16/12/2014, so using the 28 day rule will submit his application for ILR on 11/21/2019 and will pay for a 5 day decision.

If his application is approved but he has not received his new BRP card from the ILR visa can he still travel up to the expired date on the current card? We wanted to go to Spain in January but will return 10/1/2020, 6 days before his current card expires.

Thanks for any responses

topo morto 9th October 2019 04:36 PM

https://www.expatforum.com/expats/br...-rejected.html is worth a read. It's a slightly different situation as it seems to deal with travelling on an expired BRP.

HazelRodriguez 9th October 2019 04:42 PM

Thanks, Yes I read that post but as the card had expired I put it down to that, my husbands would still be valid but not in association with the new visa, that’s my concern

johannalouise 10th October 2019 11:46 AM

The last post on that thread suggests that the actual issue is that the application was treated as withdrawn as they travelled outside the CTA.
I think the BRP being expired may be a red herring in that situation and that travelling whilst the application was still in progress was the real issue?
That's my understanding from the linked government guidance and it's been pretty standard advice that you can't travel whilst your application is processing - previously when they retained your passport during the application, if you asked for it to be returned to be able to travel, that also withdrew the application.
I'm not an expert but honestly, doesn't seem worth the risk?

Whatshouldwedo 10th October 2019 11:54 AM

I tend to agree with Johannalouise. I don’t think I would risk it.

topo morto 10th October 2019 12:48 PM

Likewise, unless there's an official government source that very clearly says that it's fine to travel on an unexpired but superseded BRP, there's no way I'd risk it.

I'm not sure that A BRP is actually valid once it has been superseded by another one? Might there be a situation where you leave (possibly legitimately) on a still-valid old BRP, your leave is approved while you are out of the country, and then you find yourself not in possession of a valid BRP to re-enter?

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