We have been aware for some time that Biometric Residence Permits (BRPs) which do not incorporate the next generation of encryption technology are required by the EU to have a validity date of no later than 31 December 2024. Until 1 January of this year, this issue only affected those granted indefinite leave to remain, and some measures were put in place to ensure those who were granted ILR were aware that their leave would remain extant beyond 31 December 2024.

31 December 2024 is now less than five years away, so individuals granted limited leave to remain for five years are also now receiving BRPs with validity dates earlier than the expiry of their leave.

The issue has been raised with the Home Office who have confirmed that as per the EU regulations they are required to restrict BRP Cards NOT incorporating the next generation of encryption technology. The Home Office go on to confirm that as the UK intends to introduce the new technology in due course, and that the date restriction affects only cards issued with Leave PAST 31st December 2024, any card that is still rightfully held on the 1st July 2024 will be replaced free of charge, with any remaining existing leave being issued on a new BRP Card. This means that anyone who has paid a fee in expectation of receiving a period of leave for longer than the 31 December 2024 date, will still do so, but it will be spread over two BRPs.

The date restriction does not change the entitlements of the rightful holder to work, access services/benefits or travel.

Information on how to replace a BRP that is due to expire as a result of this restriction will be updated approximately 6 months prior to 31 December 2024 and applicants affected should consult these web pages at that time for the latest advice