Non-EU citizen with valid UK BRP but working in Germany
I am a non EU citizen and hold a long term visa in Germany based on work contract. However, I have a valid UK biometric residence permit too and wish to travel to London this coming December from Germany.
Is it possible for me to travel London based on valid BRP or do I have to apply for standard visitor visa again?
Gayot's edit, moving an "answer" into the question.
Thanks for the responses. I have had valid UK work permit, which is valid till December 2017. However, for some other assignment I had to come down to Germany.Thats the reason, I hold two visas. In Germany, it is been a month for me now. Kindly asist.
Best Answer
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.
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Can I work in Germany with UK residence permit?
Visa free entry But UK citizens are generally not entitled to take up employment in Germany during the 90 days of their permitted visa-free stay. UK citizens need a separate residence and work permit (Aufenthaltstitel) if they want to stay for longer than 90 days or if they want to work.Can I travel to Germany with UK biometric residence permit?
Please note that we will only accept visa applications from UK residents, including foreign residents holding a UK Biometric Residence Permit (BRP) or a UK short-term study visa. If you are not a UK resident please apply to the German Mission in your country of residence.Are you allowed to work in another EU country if you have a residence permit in another EU country?
The EU Long-Term Residence Permit in Spain Spain is one of the EU countries where you can apply for and obtain the permit. Therefore, if you are a long-term resident you can apply for an EU long-term residence permit in Spain. As mentioned at the start, this permit allows you to live and work in any other EU country.Do I need a Schengen visa if I have a UK BRP?
British citizens are covered by a Schengen visa waiver. This means you do not need to apply for a Schengen visa to visit these countries for up to 90 days in a 180-day period for: tourist travel.BFD VOLUNTARY SERVICE GERMANY APPLICATION, REQUIREMENTS AND SALARY FOR FOREIGNER OR NON EU CITIZEN
More answers regarding non-EU citizen with valid UK BRP but working in Germany
Answer 2
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
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