Our weekly column ‘Friday FAQs’ presents answers to the most topical questions asked this week

18 Aug 2023, 05 mins ago

This week our immigration specialists discussed

  • What to do if your UK Biometric Residence Permit (BRP) is set to expire on 31 December 2024
  • UK Visitor visa rules
  • What to do if your Dependant Child turns 18

My Biometric Residence Permit (BRP) expires on 31 December 2024. How will it affect my immigration status in the UK?

From 1 January 2025, the Home Office are planning to switch to a fully digital system of proving a migrant’s immigration status in the UK. It means that no more physical BRP cards will be issued after this change comes into effect.

As such, all BRP cards issued in respect of leave valid beyond 31 December 2024 (including Indefinite Leave to Remain) are being printed with an expiry date of 31 December 2024.

The Home Office are expected to publish more guidance on how the online system will operate, and we will be posting an update as soon as more information becomes available.

Rules for those visiting the UK

Maximum period of stay in the UK –   As a visitor, you are usually permitted to enter the UK for up to 6 months at a time. Certain nationals are not required to apply for a Visitor visa prior to travelling to the UK; however, some nationals are required to do so. You will need to ensure that you leave the UK before the expiry of your visa (if you were issued with one), or before 6 months have elapsed. If you fail to leave the UK by the necessary date, you risk becoming an overstayer, which invokes penalties under UK law.

Visa runs are not permitted –  As a visitor, you are not permitted to live and work in the UK through frequent and successive visits (visa runs). If a UK Border Officer suspects that you may not be a genuine visitor, they could deny your entry to the UK.

Working from the UK – As a general rule, visitors are not permitted to work in the UK.  There are, however, some permitted activities which include business meetings, volunteering etc., provided that the visitor is not being paid by a UK source.

Visitors cannot switch to another visa while in the UK – Generally speaking, visitors are not permitted to switch to another visa category while in the UK. In order to apply for another visa, you may need to leave the UK and submit your visa application from the country of your nationality or residence. In some cases, the Home Office may exercise discretion and allow a visitor to switch in the UK, but this will depend entirely on the facts of the case.

What to do if your Dependant Child is turning 18?

If the child was initially granted a Dependent Child visa prior to turning 18, the visa will not be cancelled as a result of them turning 18.

However, in order to apply for an extension or Indefinite Leave to Remain as a Dependent Child, additional documents will be required to demonstrate that they are not leading an independent life.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023