# Had to leave UK before receiving BRP for indefinite leave to remain



## clearyjames (Dec 24, 2013)

Hi There,

I was granted indefinite leave to remain in the UK very recently but had to leave the UK before I received my BRP to come home to New Zealand as my father was diagnosed with pancreatic cancer and underwent an emergency whipple procedure. I had no choice but to leave.

To cut a long story short despite emailing the UKBA they replied too late to rush me my BRP so I am in NZ without it. I have let them know the situation but they say I need to complete a VAF9 form for a single entry visa. Problem is everything is shut over Christmas until 2nd Jan and I doubt I would get one by the 15th Jan when my flights back to the UK are booked. I have to be home for work as I have already taken excess time off!!!

My question is what are the chances of getting back in at the border without the BRP? ( I can bring evidence from the hospital that my father was in a life threatening situation and I have my letters of acceptance for indefinite leave to remain with me - as well as my passport of course?)

I have friends that have simply forgotten their BRP and have been let in but will it make it more difficult for me since I tried to explain my situation but was told to get a VAF9 visa? — i.e. are they organised enough to actually make a note of this against my name??!!!!

any advice?

cheers,
James


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## Joppa (Sep 7, 2009)

You should be allowed in without BRP; unless you are a visa national, there shouldn't be any trouble being allowed to board your flight to UK. At the border, state you don't have your BRP because you had to leave on medical emergency before getting it after PEO appointment for ILR. They will give you a form, scan your fingerprints and look into fingerprint database to see if your permit has been issued, and after further checks they should give an open date stamp in your passport, write what they have done on back of landing card and you will be free to go, but expect to be told to carry your BRP at future trips, so be apologetic and thank them.


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## clearyjames (Dec 24, 2013)

Thanks for your quick reply! All this stuff is so stressful... Just out of interest what is a visa national? I am a citizen of New Zealand who has gone through the Tier 1 visa route to get indefinite leave to remain... I don't think that makes me a Visa National?


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## Joppa (Sep 7, 2009)

Visa national is someone who needs a visa for UK even for a general visit, like citizen of China, India, Thailand etc.


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## Cherokee (Oct 8, 2010)

Joppa, something similar with my wife and her son. They are in UK on EEA Fam permit(i am Dutch/live/work her), and applied for 5 yr residence card. But, Fam permit just expired(last week), she wants to go to Ukraine to celebrate Orthodox Xmas with her family(orthodox Xmas falls in January), so i applied 3 weeks ago on line to have their passports sent back by UKBA. Not received yet. 

But if she gets passports back and travels to Ukraine, can they come back just like that or do they need to reapply for Fam Permit? 

And what if they stay in Ukraine and their residence card arrives? 

And can she just stay here legally with expired Fam Permit and pending Residence card?

Her son is at school here.


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## Cherokee (Oct 8, 2010)

Mmmhhh scrolled some further on the Iphone. As far as i understand, they would need a new EEA Fam Permit to come back, at least when they leave UK without Res Card. 

I guess that if their Res Card arrives while they are in Ukraine, they can re-enter showing the RC? I could fly over to Ukraine and bring to them first?


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## Joppa (Sep 7, 2009)

As they are visa nationals, airlines won't let them board their flight for UK without valid residence card, EEA family permit or UK visa. So their option is to apply for a new family permit while they are in Ukraine, or if you receive their residence cards in the meantime, send them to Ukraine by secure courier service such as FedEx.


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## Cherokee (Oct 8, 2010)

Yes thats what i guessed/learned from the other posts too. Thanks. And also, as the Fam Permit is not a visa but an entry permit, they are not violating anything when staying beyond the 6 months date of the Fam permit, right? With the Confirmation of UKBA confirming their RC application, they remain legally here as i understood. It's just the travel back in should they leave, which is the problem.


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## kvogel (Mar 6, 2014)

clearyjames said:


> Thanks for your quick reply! All this stuff is so stressful... Just out of interest what is a visa national? I am a citizen of New Zealand who has gone through the Tier 1 visa route to get indefinite leave to remain... I don't think that makes me a Visa National?


clearyjames - I am in an identical situation having received my ILR and passport today but travelling to France tomorrow for 4 days. 

Were you able to return to the UK without BPR? 

Are there any severe consqequences from the UKBA if I travel without it? What happens in the future if it was forgotten at home by accident??


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## Joppa (Sep 7, 2009)

What will happen at UK border? Read my reply under #2.


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## kvogel (Mar 6, 2014)

Hi Joppa, thanks! I am just wondering if they can deport me or revoke my ILR or something of similar consequence..


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## Joppa (Sep 7, 2009)

No, unless you have committed fraud or something.
Though they will remind you not to forget your BRP next time!


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## kvogel (Mar 6, 2014)

cheers thank you!


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