Search

How can we help?

Icon

Transfer of Conditions (TOC)

Do not panic if your passport has been lost, stolen, damaged or due to expire and your visa vignette is contained in your passport. The visa vignette can be transferred or replaced with a Biometric Residence Permit (BRP). Previously it was possible to transfer the visa vignette to a new passport regardless of whether you were in the UK or outside, but now you have to apply for a BRP instead if you are in the UK. If you are outside of the UK, then you can transfer your visa to a new passport.

Even though it is common for a person with leave to hold a BRP to evidence their right to reside in the UK, some categories of leave or older visa grants will be contained in a person’s passport or alternatively in the form of a Immigration Status Document (ISD). It is to be pointed out that you can still continue to travel with two passports if your visa vignette is contained in your expired passport as it is not mandatory to apply for a BRP.

However, if a person does wish to apply, they will be issued with a BRP if they still have leave remaining, they continue to meet the conditions of their leave and they provide a valid passport/travel document, BRP or previous Immigration Status Document (ISD).

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Do not panic if your passport has been lost, stolen, damaged or due to expire and your visa vignette is contained in your passport.

Further to this, a person who has changed their name either through marriage or deed poll can apply for a new BRP in their new name once they have obtained a new passport with the changed name.

This application is particularly relevant when you need to prove your right to work in the UK as you cannot use your expired passport which contains a valid visa, to prove your right to work in the UK. As a result, you must replace your visa with a BRP.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 15 May 2025
  • Immigration

The 2025 Immigration White Paper: A Turning Point in UK Immigration Policy

On 12 May 2025, the UK Government unveiled its White Paper titled “Restoring Control Over the Immigration System”, outlining the most substantial proposed changes to immigration law since the post-Brexit overhaul.

Pub
  • 15 May 2025
  • Employment

TUPE Podcast Series – Information and Consultation Obligations

In this ninth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, will examine the information and consultation obligations under TUPE.

art
  • 15 May 2025
  • Privacy and Data Protection

Ashley v HMRC – The High Court clarifies the scope of Data Subject Access Requests

DSARs are very rarely the subject of litigation, and they are even rarer in the High Court, so the case of Ashley v HMRC is a valuable decision for both data subjects and data controllers.

Pub
  • 12 May 2025
  • Employment

Talking Employment Law: The Employment Rights Bill – Part 2

In part two of the Employment Rights Bill podcast series, Louise Keenan and Melanie Pimenta, members of the employment team, will discuss changes to collective redundancies, flexible working and sick pay.

art
  • 08 May 2025
  • Commercial Real Estate

Taking a commercial lease: Why are Heads of Terms important?

Heads of Terms (or HoTs for short) are a document that sets out the parties’ agreement in respect of the main terms on which the lease is to be entered into.

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.