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I have a UK Biometric Residence Permit (BRP) due to my tier 2 general visa, valid till mid-March 2022. My nationality is Indian.

I have completed my 1 month notice period with my sponsoring company on the 31st of December. My understanding is that the company will report my last working day to the Home Office and they will send a letter detailing the curtailment of leave to me. Once I receive this letter, I will have 60 days or until the original end date (mid-March 2022), whichever is earlier, to leave the country or find another job.

I am in India, at the moment, and would like to enter the UK. The purpose of visit is purely to take a next-day flight to Canada where I am a permanent resident. I must do an overnight stay, due to covid testing rules.

Am I eligible to use my BRP to enter the UK given these conditions?

The immigration officer usually asks me which company I currently work for (although they definitely don't recognize the company name when I say it out loud). Should I explain that I am no longer attached to any company and am in the last 60-day period when asked?

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    Even if you couldn't use your BRP, your Canadian PR should suffice for transiting (if it's just for one night).
    – xngtng
    Jan 6, 2022 at 15:32
  • Thank you. I filled out the check if you need a UK visa with these details and it looks like "I may be eligible to transit without a visa". Unfortunately, it also says "You will not be able to transit without a visa if a Border Force officer decides you do not qualify under the immigration rules.". In that event, could I still use the BRP card?
    – Chaos
    Jan 6, 2022 at 17:32
  • No document but a British passport with right to abode or a certificate of entitlement will allow you to transit or enter UK for any purpose if a Border Force officer decides that you do not qualify under the immigration rules.
    – xngtng
    Jan 6, 2022 at 17:46

1 Answer 1

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Your leave to remain and relevant entry clearance (visa, residence permit) are no longer valid once the Home Office decides to cancel your permission to stay (previously curtailment) and you leave the United Kingdom and Ireland.

Therefore, you should not attempt to use your British residence permit.

From the Immigration Rules:

20A. Leave to enter or remain in the United Kingdom will usually lapse on the holder going to a country or territory outside the common travel area. However, under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 such leave will not lapse where it was given for a period exceeding six months or where it was conferred by means of an entry clearance (other than a visit visa). [...]

The exceptions (in the Order cited) for long-term permission to remain no longer apply to you once the Home Office cancels (curtails) your permission.

13.—(1) In this article “leave” means—

  • (a) leave to enter the United Kingdom (including leave to enter conferred by means of an entry clearance under article 2); and
  • (b) leave to remain in the United Kingdom.

(2) Subject to paragraph (3), where a person has leave which is in force and which was:

  • (a)conferred by means of an entry clearance (other than a visit visa) under article 2; or
  • (b)given by an immigration officer or the Secretary of State for a period exceeding six months,

such leave shall not lapse on his going to a country or territory outside the common travel area.

(3) Paragraph (2) shall not apply:

  • (a) where a limited leave has been varied by the Secretary of State; and
  • (b) following the variation the period of leave remaining is six months or less

[...]

However, a Canadian visa or permanent resident card allows you to transit landside the UK without visa (but still subject to Covid rules) if your flight departing the UK is on the same calendar day as your date of arrival into UK, or on the following calendar day.

If you hold a Canadian visa or an entry document other than the PR card, including a PR visa or PR travel document, a landside transit is only allowed if you are travelling from/to Canada on a reasonable itinerary. There is no restriction on the destination or origin country if you have a PR card or if you transit is airside (i.e. you do not pass immigration control) but you still have to prove you are a genuine traveller in transit.

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  • This was almost right on the money. The added complexity was due to the flight bubble rules related to covid. As per the flight bubble rules, Indian citizens travelling on British Airways must have their journey end in the UK. In the end, I had to cancel my flight and choose a direct flight from India to Canada.
    – Chaos
    May 9, 2022 at 1:17

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