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Expired BRP. Need advice

Discussion in 'General Chit Chat' started by Bambuzle, Aug 14, 2019.

  1. Bambuzle
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    Bambuzle Member

    My BRP has already been expired since 7th of Aug and i only just seen it last night. My husband and I has been panicking since then. (We have 1 child)Is there any people been in the same case as me? What should i do? Am i gonna be deported soon? :(

    Thank you in advance.
  2. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Looks to me that you have 7 days left and will need a "Good reason"

    "The new rule for late applications: 14 days, and a ‘good reason’
    The Statement of Changes inserts paragraph 39E into Part 1 of the Immigration Rules.

    For late applications made on or after 24th November 2016, the Home Office will now disregard a period of overstaying provided that:

    the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time."

    https://www.freemovement.org.uk/overstaying-applying-leave/
  3. Bambuzle
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    Bambuzle Member

    Thank you so much for this! I will have to gather all my docs now.
  4. KeithAngel
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    KeithAngel 2063 Lifetime Member

    And "A Good Reason" I suggesst you read all thats on the linked site

    "A ‘good reason’: problems in practice?
    In practice, people who are late in applying to extend their leave, and their representatives, will be puzzled by what constitutes a “good reason.”

    Guidance issued by the Home Office offers some examples:

    the applicant was admitted to hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)

    A close family bereavement

    An educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies

    These examples given to guide Home Office decision-makers are restrictive. It seems likely that Home Office officials will very rarely find a “good reason.” The prospect becomes even less likely when the guidance is taken as a whole. The document continues that an overstayer who has demonstrated a good reason must be informed that there were “exceptional circumstances” which brought them within the period of grace. What, then, of those good reasons which are far from exceptional? An unexpected inability to pay, or a delay in getting pro bono legal advice, may seem good reasons to some.

    For immigration lawyers, the lack of clarity in the guidance and the potential for inconsistent decision-making may be cause for concern. Both increase the likelihood of litigation.

    For applicants, they will also have only 14 days to present the plausible reasons and credible evidence necessary to succeed in their applications. Prompt and effective legal advice for those who find themselves overstaying their leave to remain is therefore important.
  5. Br28016
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    Br28016 Active Member

    Is it expired as in you forgot that the 2.5 year point was coming up or because the date is wrong. When my wife and step children's BRP were issued they put the wrong dates on them. Worth checking. We had to get replacement s issued as I wanted it to be correct
  6. Bambuzle
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    Bambuzle Member

    Its already expired like i forgot that its expiring this month. :(
  7. Maharg
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    Maharg Well-Known Member Trusted Member

    Looking at the example on this page, the signs are not good.

    At best, you will probably have to start the process over again. You may even have to do a 10 year route as an overstayer.

    I know someone who was an overstayer here, but married with a child. They had to use a lawyer and eventually had to do 10 year route on a brp.
  8. Bambuzle
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    Bambuzle Member

    I dont mind a 10 year route rather than to get deported and get banned here in the UK. thanks by the way!
  9. Mattecube
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    Mattecube I have no need Trusted Member

    have you applied yet
  10. Bambuzle
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    Bambuzle Member

    Hi i have sent my application last night and have scheduled my appointment and biometric on the 31st. Im so worried and have the biggest anxiety in my life.
  11. Mattecube
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    Mattecube I have no need Trusted Member

    Good luck with it
  12. KeithAngel
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    KeithAngel 2063 Lifetime Member

    More interesting whats your excuse?
  13. Macchiato
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    Macchiato Member

    Good luck Bambuzzle, it’s easy to forget after 2.5 years because you live your life happily and we all want to forget this horrible process of immigration!

    I’m in the process very shortly of applying for the next stage; almost was too late on some tests that my wife needed to take. We became so complacent!
  14. Bambuzle
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    Bambuzle Member

    We literally just bought our house and daughter is just going to nursery next month and pooff visa runs out!

    Still no idea what's gonna happen. Good luck to you and your wife btw.

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