Right-to-work issue

[palmoil]

Hi all,

Soon after getting my PR I had to renew my passport. So my valid PR is in an old passport, which I always carry along with my valid one.

That was never an issue until now.

I’m currently moving from being an employee of a company to become a freelancer for said company.
They’re putting me under a new contract and so they need to check my right-to-work again, which is understandable.

My right-to-work documents have always been:
- my current valid passport
- my Permanent Residence, which is valid but is in my previous passport.

But now they’re telling me that my right-to-work documentation isn’t valid as “the visa is not in my valid passport”.

Does this make any sense? They’ve accepted it before multiple times (I’ve been working there for 5 years), and it’s also accepted at the border whenever I get into the country.

Now they’re saying the I need either a valid visa in the valid passport OR to have my visa issued as a separate biometric residence permit.

Any suggestions?

If I really have to have my Permanent Residence Card issued as a BRP, how simple is it process?
Is it one of those forms with documents on top of documents followed by a long 6 months wait?
Or is it simpler?

What is the application form I'd need to use? TOC or NTL?
(stupid question - is a PR acquired via EEA 4 a Indefinite Leave to Remain or a Limited Leave to Remain?)

Thanks for the help

[vinny]

PR is similar but different from ILR.

PR status does not expire, but may lapse or be cancelled. Moreover, if your employers had previously properly checked your List A documents, then there's no requirement for them to recheck.

However, new employers expect current valid documents, under The Immigration (Restrictions on Employment) Order 2007, as amended.

You can apply for a new residence card or permanent residence card if the passport containing your old residence card has expired - you can’t transfer it to a new passport.

[palmoil]

Thanks Vinny.

I currently have a Permanent Residence Card acquired via EE2 then EE4. It has a "document renewal date" that is 10 years from the date of issue.

To get a Biometric Residence Permit, which of these forms would I have to use? Transfer Of Condition (for those who have ‘leave to remain’) or No Limit Time Stamp (for those with ‘indefinite leave to remain’)?

Because of the PR renewal date, I assumed the PR was a 'leave to remain', but reading the forums I also read that "even though the document needs to be renewed, the PR is a indefinite leave to remain". So I'm not quite sure where do I fit.

I applied for my PR in 2014 and never got a BRP.

[vinny]

You can apply for a new residence card or permanent residence card if the passport containing your old residence card has expired - you can’t transfer it to a new passport.

[palmoil]

What about

"You can’t transfer your visa to your new passport. Instead, you’ll need to apply for a biometric residence permit (BRP).
A BRP is a separate document and will replace the visa you had in your old passport."

Seems like getting a new residence card would require much more time and documentation.