Biometric Residence Permit req't? (+ Transfer of Conditions)

[namkie90]

Hi I apologise in advance for the multiple postings and should have asked this sooner but as a person under tier 4 general wit leave expiring February 2017, do I need to transfer my remaiming leave onto a BRP before I even get an offer of sponsor ship from an employer ? I applied for my tier 4 visa before they rolled out the BRP so my visa was an entry clearance sticker on my old passport I renewed my passport in June 2016. I'm worried about sending both my passports by postal application and the in person application option is too expensive I don't want to do it that way unless it's the only option left. Could someone please help me out and clarify this? If as a tier 4 student I apply to jobs with a view to being sponsored under tier 2 do I even need to transfer my remaining tier 4 leave on to a brp? If yes how long does it take by post if I send it today or tomorrow. ..

[chickpea]

Hi I apologise in advance for the multiple postings and should have asked this sooner but as a person under tier 4 general wit leave expiring February 2017, do I need to transfer my remaiming leave onto a BRP before I even get an offer of sponsor ship from an employer ? I applied for my tier 4 visa before they rolled out the BRP so my visa was an entry clearance sticker on my old passport I renewed my passport in June 2016. I'm worried about sending both my passports by postal application and the in person application option is too expensive I don't want to do it that way unless it's the only option left. Could someone please help me out and clarify this? If as a tier 4 student I apply to jobs with a view to being sponsored under tier 2 do I even need to transfer my remaining tier 4 leave on to a brp? If yes how long does it take by post if I send it today or tomorrow. ..

Hello namkie90, I'll answer from my experience and perhaps others might answer with their experience.

Simply, I think yes, you will need to do a TOC and get a BRP. As I understand from the HO the employer MUST see a BRP at the interview stage to verify your eligibility for employment. A passport with valid visa is no longer an option for this. It is very odd no one told you this when you got the visa. (I think you did that after April 2015? Which is when I was told it was fully enforced.)

My experience was that the employer refused to honor my contract (though never rescinded it) because I did not have BRP. They didn't care that it was their responsibility to have checked it long before I started, at the interview stage. (I had to get a premium appt, wait two weeks and then wait for the BRP to me mailed.)

Yes, the premium appointment is expensive and frustrating. However, it is the only way to avoid sending away your passport etc and waiting for everything to come back in 8 weeks. Currently I am job hunting and I need to renew my visa and I will have to pay for the premium appointment - otherwise should I get a job interview or offer they can refuse to hire me if I have no proof of eligibility.

Sorry my answer isn't probably what you hoped to hear. Good luck with it!

[namkie90]

Hi Chickpea,
sorry I missed your response, thank you so much for reverting !
I'm presently hunting for full-time work and my current leave expires in 2017. Yes, as far as I am aware, the BRP was rolled out after 1st August 2015 and my tier-4 application was made before this, with decision received July 31st 2015 so yeah I never had a BRP but some of my uni friends do. As per my understanding the employer cannot refuse to issue you with a CoS reference just because you don't have the BRP at the time of interview but you will still need to make an application for it before you start actual work. so in a way the employer sort of discriminated by not providing you with all this information beforehand I think?

If I may ask how do I go about making a premium appointment at the center? i know payment is made in person but how do I get an appointment, by phoning in or is there a form that I missed online? If there's a link I'd appreciate being pointed to it.

[chickpea]

As per my understanding the employer cannot refuse to issue you with a CoS reference just because you don't have the BRP at the time of interview but you will still need to make an application for it before you start actual work. so in a way the employer sort of discriminated by not providing you with all this information beforehand I think?

According to every person I spoke to at the Home Office (HO) it was the employer's responsibility to be sure I had correct documentation at "point of recruitment" so either interview or offer of contract. They did neither. I could have got them into hot water but needed the job! See also upthread (above) where someone else had the same happen but got their MP involved to force the employer to accept that they had 6 months to obtain the BRP. I wish I had done that! The interpretation really will vary by employer. The law is actually unclear!

If I may ask how do I go about making a premium appointment at the center? i know payment is made in person but how do I get an appointment, by phoning in or is there a form that I missed online? If there's a link I'd appreciate being pointed to it.

You start on the TOC page here https://www.gov.uk/transfer-visa and then under "in the UK" click on the link that says apply in person at a premium service centre (when you do you will pay for BOTH the premium fee and the fee for the TOC together up front not at the centre, you pay before it confirms the appointment even). Hope this helps.