Non-EU citizen with valid UK BRP but working in Germany

11/23/2016 11:13:11 AM

As soon as the IO sees your BRP he will ask “How long have you been out of the UK?” It’s because he needs to know which rule applies.

You have NOT been out of the UK for more than 2 years so the controlling technical reference is Paragraph 18 of the Immigration Rules called “Returning Residents”, this covers temporary residents as well as permanent residents.

It starts…

A person seeking leave to enter the United Kingdom as a returning
resident may be admitted for settlement provided the Immigration
Officer is satisfied that the person concerned: (and blah blah blah)

The critical words here are ‘admitted for settlement’. If the IO takes to mind that you are visiting the UK and actually living elsewhere, he can revoke your BRP on the spot. He will then see if you can be admitted as a visitor under Appendix V of the rules. Depending upon your nationality and other soft factors (personal impact and articulation skills) you may be successful with that.

Next, if the IO determines that the conditions under which your BRP was issued are no longer extant you’ll be in trouble (of the serious kind). Living examples are…

  • A spouse attempting to use a BRP when the marriage has broken down
  • A Tier 2 attempting to use a BRP when they are no longer employed by
    the same company

If those or similar conditions are true, you will be bounced. If you are bounced they will use Paragraph 320 of the rules (that’s a catastrophically bad thing).

Otherwise based upon what you have written, there’s nothing preventing you from benefiting from Paragraph 18 and using your BRP.

I would advise you to read those paragraphs and come to an understanding of them. Of course the odds are that all of this will have a happy ending and you can laugh about it when it’s over, but it’s better to be informed in advance what’s at stake and have a technically precise understanding of which rules apply to your situation.

You made a “late disclosure” that you are an economic migrant. Accordingly please use Expats in the future for questions about your immigration status. We only know about travel issues.

11/23/2016 10:05:30 AM

As stated in Timatic, the database used by airlines, you can enter the UK on your BRP if one of the following conditions are met:

  • Last time you entered the UK, you were given leave to remain for more than 6 months, or

  • Your last leave reads: “Given leave to enter to complete
    previous leave Section 3(3)(b), or

  • You are a permanent resident of the United Kingdom
    and are returning within two years

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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