Some successful applicants worry upon seeing this 30-day validity period believing that this is the period for which they are allowed to stay in the UK and after the 30 days, they have to return to the Philippines.
ECO-Friendly however, would like to emphasize that this 30-day validity period printed in the UK spouse visa vignette and affixed in the passport is merely with respect to the amount of time the applicant from the Philippines is allowed to enter the UK from the Philippines. Therefore, if the successful applicant fails to fly to the UK within the 30-day period, they have to get another vignette stamped by the UKVI.
Once the applicant enters the UK, a Biometric Residence Permit (BRP) in the form of an identification card shall be issued to the applicant which will serve as a confirmation that he or she is allowed to stay in the UK for a period of two and a half (2.5) years or 30 months or more.
During this time, the BRP holder is allowed to work, study and receive any other benefit entitled to a BRP cardholder.
The BRP indicates the following details of the applicant:
- Date and place of birth
- Finger pints
- Photo of face
- Immigration status and conditions of the stay
- Whether the holder can access public funds like benefits and other health services
If the main applicant who is a parent from the Philippines includes his or her child in the application and are both approved, they will both be given a BRP valid for 2.5 years and extendible for another 2.5 years.
Once the BRP holder completes five years stay in the UK, they are eligible to apply for an indefinite leave to remain (ILR) via the Five Year Route.
It is worthy to note, however, that if the parent applicant files ahead of the child and the application is approved, should the minor child decide to follow the parent and apply later, the child’s BRP shall only be valid for the remaining period as the parent’s BRP.
Thus, the validity of the BRP issued to the child shall follow the expiration date of the parent, the latter being the primary applicant. Let’s say for example that the mother has been living in the UK as a spouse visa holder for one year. She therefore only has one and a half year before her BRP expires.
At this moment, if the child’s application is successful and he or she is likewise issued a valid BRP, the validity period of said BRP will usually be the same as the mother’s remaining validity period as the latter is the primary applicant. Thus, the child shall be given only a period of 1.5 years instead of the original 2.5 years as this is the remaining period of lawful stay for the parent.
It is but logical that the secondary applicant’s stay shall only be valid as long as the stay of the primary applicant is valid. If this logic is not followed and the parent’s BRP is already expired, how can the child’s BRP continue to be held valid when the main applicant’s (parent) allowed stay in the UK has already expired?
It is therefore very important that the validity period of the daughter’s BRP be checked frequently to be sure that her stay in the UK is not interrupted and be held unlawful.
When the parent files for Further Leave to Remain (FLR-M) - an application for extension in order to stay in the UK for another 2.5 years to complete the required five (5) years, the child’s application must likewise be filed and included in the parent’s application.
Under the rules, the period to file the extension or the FLR-M, shall be within 30 days before the expiration date indicated on the BRP (this will be the subject of our next article).