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8 Apr 2016

Biometric Residence Permits (BRPs)

ISC has been informed that the Home Office recently issued a school with a civil penalty.

The Home Office recently issued a school with a civil penalty where a pupil lost a BRP and did not apply for a new one until some time later (a replacement BRP must be applied for within 3 months if it was lost, stolen or damaged while in the UK). The Home Office confirmed that they issued the penalty because “in this case the BID was lost and the individual did not comply with the application requirement by enrolling their biometrics and obtaining a replacement BID when requested to do so by the BID Management Unit (BIDMU)”.

According to the Home Office, the Code of Practice states: “if the individual is under the age of 18, the liability for the civil penalty rests with the “designated adult” responsible for the child. If an individual in the school is the designated adult, the fine is imposed on them”.

ISC is seeking clarification from the Home Office as to when the school (or an individual at the school) is deemed responsible for the child – i.e. it shouldn’t simply be because they received/collected the initial BRP on the pupil’s behalf - and will update schools accordingly. Schools should be aware that civil penalties can have an impact on key personnel and an institution’s sponsor licence.

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Tier 4 of the Points Based System: Guidance for Sponsors

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