Employers checking service

[Tatty]

Hello

My daughter came to the UK in 2011 as a child of naturalised British citizen. Her visa states Indefinite leave to enter (join the parent). She has not applied for citizenship yet. Passport with her visa expired several years ago and when travelling, she always used it with her new passport, boarder officers stamped her current passport with VIPP and she never had any issues. During last 4 years she was in 3 different employments and also rented accommodation, and all the times her old passport with ILE and her current passport was sufficient to prove her settled status and no questions were asked by anybody.
She started a new job couple of months ago, however last week she was told that she cannot work unless she provides BRC. She submitted the application and was given a reference number – UAN: xxxx-xxxx-xxxx-xxxx/00 (not a share code, I think), the employer insists that she cannot return to work until she can prove her right to work. I read info on the government website, but got even more confused – she cannot get a share code, as she is a visa national, waiting times are unknown because of COVID, she does not know what to do now.
My questions are:
- Is her settled status not enough to prove that she has RTW
- How long is waiting time for a BRC at the moment
- How can the employer check her immigration status, so she can return to work

Any advise appreciated.

Thank you

[CR001]

What exactly has she applied for?

A BRC is for those who have pre-settled or settled status under Appendix EU. It does NOT apply to those who have Indefinite Leave to Remain or Enter as a dependent of a British citizen.

For ILR and ILE, she would have needed to apply for a BRP (biometric residence permit).

[Tatty]

Hi CR001,

Sorry. Yes, she applied for BRP

[CR001]

- Is her settled status not enough to prove that she has RTW

Unlikely as it has been a requirement for many years now to hold a BRP card as evidence and proof of ILE/ILR for work and renting purposes.

- How long is waiting time for a BRC at the moment

If she applied using standard service, it can take up to 6 months sometimes.

How can the employer check her immigration status, so she can return to work

https://www.gov.uk/check-job-applicant-right-to-work

Important to call what she holds by the correct name, ILE. She does not hold what is called settled status which is granted to EU citizens and their family under Appendix EU withdrawal agreement.

[Tatty]

Important to call what she holds by the correct name, ILE. She does not hold what is called settled status which is granted to EU citizens and their family under Appendix EU withdrawal agreement.

sorry. as I said, I got confused and lost completely. She is not EU or EEA, but she has ILE. Which means "you are regarded as settled in the UK."

Unlikely as it has been a requirement for many years now to hold a BRP card as evidence and proof of ILE/ILR for work and renting purposes.

ILE is indefinite by definition, so I dont really understand what other proof is needed. Am I missing something?

[CR001]

Which means "you are regarded as settled in the UK."

Correct yes, however the term 'Settled Status' is something specific not relevant to her. This is only to avoid confusion if members read your topic heading.

ILE is indefinite by definition, so I dont really understand what other proof is needed. Am I missing something?

Yes, provided she has not left the UK for 2 or more years, then it is lost. However she should have applied for a BRP a long time ago. It has been a requirement since the immigration act 2014 came into force.

https://www.gov.uk/government/collectio ... ation-bill

https://www.gov.uk/biometric-residence-permits

Would have been simpler to apply for citizenship.

[Tatty]

Thank you for your replies Char,

she should have applied for a BRP a long time ago. It has been a requirement since the immigration act 2014 came into force.

As ILR/ILE means that "You are free to work in the UK in any business, profession or employment, including self-employment. " and the fact that she never had any issues whatever, we did not know she had to. She took a short full time course in college in 2018 and nobody asked for it too.

How can the employer check her immigration status, so she can return to work
https://www.gov.uk/check-job-applicant-right-to-work

It does not look like any of those apply to her - she does not have BRP number or BRC, as for passport, is not it supposed to be registered with UK VI before a certain date?

Would have been simpler to apply for citizenship.

She was not outside the country for continuous 2 years, but she has a gap of more than 6 months in a year in 2015 and 2016, so she was thinking of applying next year.

It really does not make sense - you have a status of being free from the immigration control (ILE) and are allowed to take employment, but you still have to prove it - If I have a driving license, I can drive, even if I dont have it on me at the moment!

[CR001]

It really does not make sense - you have a status of being free from the immigration control (ILE) and are allowed to take employment, but you still have to prove it - If I have a driving license, I can drive, even if I dont have it on me at the moment!

Employers have to follow the law and if they don't, they can be find a large amount of money (£20k). Many won't take the risk.

She is a foreign citizen in the UK, regardless of what immigration status she holds, she will always be asked to prove it as that is what the law states is required for work, property rental and benefits.

[Tatty]

Just read that employer can except "decision letter", - can you advise how long is the wait for it?

[CR001]

Just read that employer can except "decision letter", - can you advise how long is the wait for it?

It can take up to 6 months, sometimes longer.

[Tatty]

Hello,

I have Indefinite Leave to Enter in the UK (issued in 2011) in the expired passport. I understand that in order to start an employment I need to get a BRP card, which I applied for 3 weeks ago. I gave my UAN number to the employer, so they can check my status on ECS government website. The employer said that they have submitted the request, but have not had any reply back so far. I talked to the HO adviser and been told that their processing time for this kind of checks is 5-10 days. This means that my employer should have received the reply from HO regarding my status by now. I was wondering if the employer choose the correct option when submitting the request.

My question is - what is the correct option in my situation - 2 and 3? They seem very similar (apart from the part of "replacement of BRP"). What is the difference between those 2 options?

========================================
field inactive: 'Does the employee or prospective employee have a passport from the UK or Ireland, or other immigration documents from the Home Office, or an immigration status that can be shared digitally that demonstrate a right to work?'Does the employee or prospective employee have a passport from the UK or Ireland, or other immigration documents from the Home Office, or an immigration status that can be shared digitally that demonstrate a right to work?
No


field inactive: 'Does this person already work for you?'Does this person already work for you?
No

--------------------------------------------------------
Does this person have any one of the following?


1.an ongoing application or appeal for leave to remain in the UK


2.an application for no time limit to be added to a new passport by someone who already has indefinite leave to enter or remain in the UK


3.an application for transferring a current visa into a new passport / Biometric Residence Permit (BRP) or applying for a replacement BRP


4.a Certificate of Application (COA) issued following submission of an application under the EU Settlement Scheme (EUSS)


5.an Application Registration Card (ARC) for an asylum seeker stating that the holder is allowed to work


6.or unable to produce valid BRP due to non-delivery or collection


7.or unable to use Digital Right to Work service due to technical error

==================================================

Thank you

[Tatty]

[/quote] Re: Employers checking service
Post by CR001 » Tue Oct 12, 2021 12:45 pm

general-uk-immigration-forum/employers- ... l#p2036564

Your topics were merged to keep your queries and circumstances in one thread.

Hi CR001 !

I would prefer to keep the topics separately, as the questions are different.

Thank you

[CR001]

announcements/multiple-posts-will-be-lo ... t5722.html

[vinny]

2.an application for no time limit to be added to a new passport by someone who already has indefinite leave to enter or remain in the UK

If you have ILE, then choose 2.

You must apply online if you have indefinite leave to remain. It costs £229. You’ll get a decision within 6 months.