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URGENT:Positive Verification Notice

General UK immigration & work permits; don't post job search or family related topics!

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Nik828
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Covid 19 - Naturalisation application and right to work

Post by Nik828 » Thu Apr 16, 2020 2:13 am

So pre-COVID 19, I had applied for naturalisation and completed my biometrics in early February. This was because I was told I do not possess the right to work as my indefinite leave to remain is in my expired Non-EEA passport, instead of my current one. As anticipated, due to the pandemic, UK Visa and Citizenship Application Centres (UKVCAS) and Service and Support Centres (SSCs) are temporarily closed because of coronavirus (COVID-19) which means my application will be delayed I assume.
I am currently a third-year Allied health professional student (key worker) in the process of applying for jobs. I anticipated approval of my application before receiving job offers pre coronavirus but this is no longer looking likely. I was just wondering what my options are at this stage, should I receive job offers, as allied health professionals are considered essential workers.
I also have a parent who is an EEA national as she is naturalised and holds a British passport but I do not own a permanent residence card or a derivative residence card. I would like to know what my options are and if I would be eligible for tier two sponsorship whilst I wait for the approval of my application?

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Re: Covid 19 - Naturalisation application and right to work

Post by CR001 » Thu Apr 16, 2020 7:27 am

1. It is not the ukcvas centres that make the decision on your naturalisation application. It is Home Office who are still working bit there will be delays.

2. You can't apply for a time limited visa such as tier 2 as it will invalidate your ILR and therefore your naturalisation application.
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Nik828
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Re: Covid 19 - Naturalisation application and right to work

Post by Nik828 » Thu Apr 16, 2020 10:47 am

Thank you for your response. So say I receive a job offer within the next two weeks but plan to start work in October, can I tell my employer that I am waiting on a decision from the home office or should the offer be rescinded?

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Re: Covid 19 - Naturalisation application and right to work

Post by CR001 » Thu Apr 16, 2020 10:55 am

It is up to the employer and if they wish to do the right to work check with HO.
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Re: Covid 19 - Naturalisation application and right to work

Post by Nik828 » Wed Jun 17, 2020 2:37 am

Just to add, will I be able to get a positive verification notice from the home office if my employer uses the online employer checking service (linked below)? I ask this as I have a pending Naturalisation application but the issue is that the passport containing indefinite leave to remain expired in 2011. ( I was unaware of the law changes made in 2015 about ILR being in CURRENT passport to satisfy the right to work check, hence the late application for naturalisation)


Employer checking service : https://www.gov.uk/employee-immigration ... ent-status

Nik828
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Re: Covid 19 - Naturalisation application and right to work

Post by Nik828 » Thu Jun 18, 2020 3:00 pm

Nik828 wrote:
Wed Jun 17, 2020 2:37 am
Just to add, will I be able to get a positive verification notice from the home office if my employer uses the online employer checking service (linked below)? I ask this as I have a pending Naturalisation application but the issue is that the passport containing indefinite leave to remain expired in 2011. ( I was unaware of the law changes made in 2015 about ILR being in CURRENT passport to satisfy the right to work check, hence the late application for naturalisation)


Employer checking service : https://www.gov.uk/employee-immigration ... ent-status

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URGENT:Positive Verification Notice

Post by Nik828 » Fri Jun 19, 2020 9:21 pm

Will I be able to get a positive verification notice from the home office if my employer uses the online employer checking service (NHS)? I ask this as I have a pending Naturalisation application but the issue is that the passport containing indefinite leave to remain expired in 2011. ( I was unaware of the law changes made in 2015 about ILR being in the CURRENT passport to satisfy the right to work check, hence the late application for naturalisation)

Also, is the application number 16 digits?

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Re: URGENT:Positive Verification Notice

Post by CR001 » Fri Jun 19, 2020 9:23 pm

Topics merged!!!
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Re: URGENT:Positive Verification Notice

Post by seagul » Fri Jun 19, 2020 10:52 pm

Nik828 wrote:
Fri Jun 19, 2020 9:21 pm
Will I be able to get a positive verification notice from the home office if my employer uses the online employer checking service (NHS)? I ask this as I have a pending Naturalisation application but the issue is that the passport containing indefinite leave to remain expired in 2011. ( I was unaware of the law changes made in 2015 about ILR being in the CURRENT passport to satisfy the right to work check, hence the late application for naturalisation)

Also, is the application number 16 digits?
Positive verification might not be confirmed instantly due to primarily making sure whether is there any longer absence of 2+ years.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Nik828
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Re: URGENT:Positive Verification Notice

Post by Nik828 » Fri Jun 19, 2020 11:14 pm

As in an absence from the U.K? The last I visited my home country was 5 years ago for a fortnight.

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Re: URGENT:Positive Verification Notice

Post by seagul » Fri Jun 19, 2020 11:51 pm

Nik828 wrote:
Fri Jun 19, 2020 11:14 pm
As in an absence from the U.K? The last I visited my home country was 5 years ago for a fortnight.
Besides this, no new employer will offer job without the acceptable type of right to work documents which is BRP card with valid LTR/ILR. I am afraid but you will have to wait until the grant of naturalization now.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: URGENT:Positive Verification Notice

Post by Nik828 » Sat Jun 20, 2020 7:57 pm

Ah okay, thank you for your response!

Nik828
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Re: URGENT:Positive Verification Notice

Post by Nik828 » Sun Jun 21, 2020 8:41 pm

I applied for naturalisation in order to satisfy right to work checks as my ILR is in my expired passport. The passport has been expired for 9 years but I have had 3 jobs after 2016. I was completely unaware of the changes made in 2015 about how an ILR being in an expired passport does not permit employment. Evidently, my employers were unaware of this change as well, hence why they hired me. Will my naturalisation application be rejected as I was working without the right to work?

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Re: URGENT:Positive Verification Notice

Post by secret.simon » Sun Jun 21, 2020 10:18 pm

Nik828 wrote:
Sun Jun 21, 2020 8:41 pm
Will my naturalisation application be rejected as I was working without the right to work?
If you have ILR, you have the right to work.

What you do not have is a statutory excuse for your employer to hire you (such as an ILR BRP, etc). Had the employer hired you, they may have committed an offence.

You essentially have the right to work, but your employer could be committing an offence if they hire you without a statutory excuse.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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