FOI release

BRP requirements and replacement procedures

Published 26 November 2013

FOI release 29023

1.It is a requirement of EU Regulation 1030/2002 that biometric residence permits (BRP) issued by an EU member state contain the date and place of birth of the holder.

2 and 3.Applicants are advised to check their BRP carefully upon receipt to make sure all the details on it are correct. Applicants are required by law to have a card that accurately records their personal details and the type of permission they have to be in the UK. Applicants are also advised that if they find a mistake on their BRP they must notify the Home Office within 10 working days of receipt. This advice is given in the Decision Letter issued to applicants when their application is decided, as well in the letter and leaflet accompanying the BRP and on the Home Office website. If the applicant notifies the Home Office of the error within 10 working days, and the error is deemed to be the fault of the Home Office, the Home Office will amend the details and issue a corrected BRP free of charge. If the error is deemed to have been the fault of the applicant, or the applicant fails to notify the Home Office within 10 working days of receipt regardless of where fault lies, the applicant must apply for a replacement BRP on form BRP (RC). This type of application currently attracts a fee of £38. In all cases the applicant must supply documentary evidence of the error.

4.The current BRP (RC) form does not provide a specific section for requesting a change of place of birth. In the meantime, a covering note should be enclosed with the application form detailing the required change to the place of birth. The applicant should complete Section 2, subsection B8 on page 5 with the correct spelling of the place of birth. They should also select ‘Change of personal details’ in Section 3, subsection C1 on page 8 and add the script ‘Please see covering note regarding change of place of birth’ alongside. Documentary evidence of the correct spelling should be provided.

5.The place of birth can be amended as part of an application for Indefinite Leave to Remain (ILR), provided that acceptable evidence to support the change is supplied with the application. The fact that the place of birth has been misspelt on a previously issued BRP will not itself lead to a refusal of ILR.