Can I Travel Back to the UK with a Pending BRC Replacement Application?

Question from Ali, Can I Travel Back to the UK with a Pending BRC Replacement Application?

Answer from AI:

If you have lost your Biometric Residence Card (BRC) and have already submitted an application for a replacement, but then found the original card while your application is still pending, you may be wondering if you can travel back to the UK. Here’s a general explanation of the steps and considerations involved.

Understanding the Biometric Residence Card (BRC)

The Biometric Residence Card (BRC) is an important document for non-UK nationals residing in the UK. It serves as proof of your immigration status and allows you to re-enter the UK after traveling abroad. Losing this card can complicate your travel plans, but there are procedures in place to address such situations.

Steps to Take When You Lose Your BRC

1. **Report the Loss**:
– You must report the loss of your BRC to the Home Office as soon as possible. This can be done online through the [GOV.UK website](https://www.gov.uk/biometric-residence-permits/lost-stolen-damaged).

2. **Apply for a Replacement**:
– Submit an application for a replacement BRC. This involves filling out the appropriate forms and paying the required fee. The application can also be done online via the [GOV.UK website](https://www.gov.uk/biometric-residence-permits/replace).

Traveling Back to the UK with a Pending Application

If you have found your original BRC after submitting a replacement application, you might still be able to use it to travel back to the UK. However, there are some important considerations:

1. **Validity of the Original BRC**:
– If the Home Office has not yet invalidated your original BRC, you may still be able to use it for travel. It is crucial to check the status of your original BRC with the Home Office.

2. **Pending Application**:
– While your replacement application is pending, the Home Office may still consider your original BRC valid. However, this is not guaranteed, and you should confirm this with the Home Office.

3. **Contact the Home Office**:
– It is advisable to contact the Home Office directly to explain your situation and seek guidance. They can provide specific information on whether your original BRC is still valid for travel.

Potential Issues and Recommendations

– **Risk of Denial at Border**:
– There is a risk that you may be denied entry at the UK border if your original BRC has been invalidated or if there is any confusion regarding your immigration status.

– **Legal Advice**:
– Given the complexities involved, it is highly recommended to seek legal advice from an immigration lawyer. They can provide personalized guidance based on your specific circumstances.

– **Consulting a Legal Professional**:
– For personalized advice, you should consult with a legal professional who specializes in UK immigration law. They can help you navigate the process and ensure that you comply with all legal requirements.

Useful Resources

– [GOV.UK: Biometric Residence Permits](https://www.gov.uk/biometric-residence-permits)
– [GOV.UK: Replace a Lost, Stolen, or Damaged BRP](https://www.gov.uk/biometric-residence-permits/replace)

In summary, while it may be possible to travel back to the UK with your original BRC, it is essential to confirm its validity with the Home Office and seek legal advice to avoid any potential issues at the border.