NTL

[Snezhinka]

Hello everybody

I hope to get some advice on here, sorry if I am posting in the wrong place.

I am a naturalised British citizen (2010). My daughter got her Indefinite Leave to Enter in October, 2011 as a dependant of a British citizen. She entered the UK in November, 2011, but then had to go back to her country of origin due to unforseen circumstances. She was back to the UK later on, but as she entered the University in her country of origin, she only could spent here 6-8 weeks a year for the next 6 years. She had to get a new passport as the old one expired, so ILE sticker was left in the old passport and she was always carrying both passports to show to the immigration officer at the boarder. We always travel together and she never had problems.
This summer she graduated from the Uni and came to live in the UK, she found the job and due to start soon, however I am worried now that as her ILE is in the expired passport she can face the problems to prove she is eligable to work and does not need any permit. Having a quick look at the HO website, I understand she can apply for NTL card, however she will have to show the periods she was absent from this country.

My questions are:

- Can the expired passport with ILE be used as a proof that she can legally work in the UK? Will it be enough for her employer?

- Does she have to apply for NTL and how likely that the long absents from the UK can become the reason for rejection?

- When can she apply for Naturalisation -she was underage (17) when she was granted ILE and she is an adult now - what is the time frame she has to live here to be able to apply?

Any comments and advice is appreciated.

[Casa]

The NTL may well be refused due to the long period of absence over 6 years. After 2 years of absence ILR or ILE are lost and brief visits to the UK won't generally retain the right to reside permanently.

[Snezhinka]

.
Thank you
She has never been outside for continuous 2 years.
Is there any way she can get visa transfered to the current passport?

[Casa]

The NTL may well be refused due to the long period of absence over 6 years. After 2 years of absence ILR or ILE are lost and brief visits to the UK won't generally retain the right to reside permanently.

Note the underlined above. 6 weeks visiting each year for six years is likely to be considered as 'brief visits'.

[Snezhinka]

Thank you. Yes, I did get your point. Does that mean that she can lose her ILE? She never had any questions when crossing the boarder.
Also, can you give any thoughts on my first point, please?

[Casa]

Thank you. Yes, I did get your point. Does that mean that she can lose her ILE? She never had any questions when crossing the boarder. It may flag up on the UKVI system when she applies for a NTL.

Also, can you give any thoughts on my first point, please? I can't confirm either way whether it will be sufficient proof for an employer. They can however use the Employer Checking Service to verify her continued right to work.

[Snezhinka]

Thank you for your thoughts, Casa.

Can anybody else advise, please ?

[rodung]

However, a person returning temporarily to the UK is not necessarily a visitor. For example many people have their home in the UK and may spend substantial periods overseas on short-term business contracts or for studies and return to the UK for only a short period during holidays. This will not disqualify a person from readmission as a returning resident, provided:

� he is normally resident in the UK; and

� at the time of his admission they consider the UK to be their permanent home, and

� he has not been away from the UK for more than 2 years and intends to return to the UK for settlement in the future.

[rodung]

So she just has to tell that she studies outside and all her family lives in uk... and she is back on holiday...

[vinny]

She's supported by the current guidance:

Other more specific circumstances which would support an application are:
...
a prolonged period of study abroad by a person who wishes to rejoin the family in UK on completion of studies

Hopefully, her NTL should be okay. It would be their burden to assert otherwise. Unfortunately, she needs to apply for NTL to get a valid ILR BRP for new employment.