Does old ILR (pre bio) need transferred to new PP in order to work?

[baldude]

Hi,

One of my friends is in stage situation. He obtained his ILR in 2011 and been working in the UK. Their PP on ILR had expired and renewed it nearly 9 years ago. All was fine but recently when he tried to change companies, he got offered a role etc but during verification the mediator xxxxx said that he can't work in the UK because his ILR is on his old passport. He had changed companies 4 times since renewing his pp and it was never a problem.

Can someone throw light on is it true that ILR doesn't let them work in the UK if it's on old passport? Their ILR doesn't have biometrics as it's old style.

Thanks

[CR001]

He needs to apply for a BRP card to prove his right to work, rent and claim any benefits in the UK.

This has been the case for a number of years now where a BRP card is required to prove your immigration status.

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

[baldude]

That's a shocker really sad I know number of my friends are working like this without BRP.

Anyways, can you please help which application form to fill and what's the fee?

Thanks,
Bal.

[CR001]

That's a shocker really sad I know number of my friends are working like this without BRP.

Anyways, can you please help which application form to fill and what's the fee?

Thanks,
Bal.

It is possible if someone is NOT changing employers or trying to rent a new property.

If you click the link I provided, it tells you what you need. The fee is around £200 plus the UKCVAS biometric fee.

[baldude]

Thanks @cr001

Could you please link me to the timelines of this transfer application? Just want to get a sense of how long it's going to take. Thanks

[CR001]

It can take anywhere between 8 weeks and six months, usually longer than shorter.

[baldude]

It can take anywhere between 8 weeks and six months, usually longer than shorter.

Thanks a bunch for your help.
Much appreciated.

[baldude]

Sorry One last question.

If he applies for a travel of good ILR to BRP would it let him accepting new employment while the prices is being carried out until the decision on transfer is made?
He's really concerned about losing his dream job offer because of this ridiculous thing.

Any suggestions from anyone on how he can accept new employment legally while application is under process?
Thanks in advance.
Bal.

[secret.simon]

If he applies for a travel of good ILR to BRP would it let him accepting new employment while the prices is being carried out until the decision on transfer is made?
He's really concerned about losing his dream job offer because of this ridiculous thing.

To the best of my knowledge, it is upto the company hiring him to take a decision on that point (i.e. it is not an immigration issue, it is a company HR issue). If they are deeply impressed by him, they can hold the post open for him till he gets the ILR BRP. Or they could offer it to another person who already meets the requirements for the job (including being able to demonstrate the right to work in the UK by means of a BRP). That is the company's call. He could try to negotiate with the company on this point. But that is a matter between the company hiring him and your friend.

That's a shocker really sad I know number of my friends are working like this without BRP.

You should inform them to start the paperwork for getting an ILR BRP as a matter of urgency. One never knows when one may need to demonstrate the right to live and work in the UK by means of an ILR BRP, such as when moving house or job, as your friend above has shown.

The requirements for the ILR vignette to be in a current passport to be valid for Right To Work purposes dates back to at least 2014. See for instance Page 23 of this Right To Work guidance from July 2014.

ILR vignettes are generally no longer issued and have been replaced with ILR BRPs.

[ywlgy]

No Time Limit applications have become free of charge from 6 April 2022.

After applying, your friend can give their application reference number to the employer and the employer can then use https://www.gov.uk/employee-immigration ... ent-status to confirm your friend's immigration stutus.

[baldude]

No Time Limit applications have become free of charge from 6 April 2022.

After applying, your friend can give their application reference number to the employer and the employer can then use https://www.gov.uk/employee-immigration ... ent-status to confirm your friend's immigration stutus.

Thanks a bunch ywlgy
Could you please post the link to where it says free?

Thanks,
Bal.

[vinny]

Travel documents: no time limit

Applications for NTL must be made in the UK on the NTL application form and are free of charge.

7

(3) In Table 10 (fees for miscellaneous documents and services) omit 10.1.2, 10.6.2 and 10.6.4

10.1.2

Application for a transfer of conditions onto a biometric immigration document where the application is made within the United Kingdom by post or courier or online and the applicant has indefinite leave.

6 April 2022

Updated guidance to reflect the changed status of EEA nationals in the UK after 30 June 2021, to provide further instruction for adopting a 'balance of probabilities' approach, and to remove reference to the application fee for an NTL BRP from 6 April 2022.

[baldude]

Travel documents: no time limit

Applications for NTL must be made in the UK on the NTL application form and are free of charge.

Many thanks.
This is clear now he has to apply for NTL.
Would be glad if you can clear the following questions.
1. Can NTL be made as premium service for quick decision?
2. How long these NTL applications take for a decision, if applied through free route?

That's n advance, your help will be greatly greatly appreciated.

Bal.

[baldude]

Ok... We figured out the answers.

Basically, process might take anywhere up to 6 months. NTL form is the one to fill.
Application is now free of charge since 6th April 2022.
Upon submitting application, home office provides with ref number. Once application is submitted, applicant is entitled for 6 months exception on work restriction, meaning applicants have right to work for 6 months immediately after submitting an NTL application.
Prospective employers can use HO's ECS system using candidates ref no and their details to electronically verify their right to work.

It was chaotic and confusing but my friend now is so relieved.... Thanks a bunch for all experts help in here.

I'm posting this message in the hope it gets those in similar situation to my friend.

[TheJoy12]

Ok... We figured out the answers.

Basically, process might take anywhere up to 6 months. NTL form is the one to fill.
Application is now free of charge since 6th April 2022.
Upon submitting application, home office provides with ref number. Once application is submitted, applicant is entitled for 6 months exception on work restriction, meaning applicants have right to work for 6 months immediately after submitting an NTL application.
Prospective employers can use HO's ECS system using candidates ref no and their details to electronically verify their right to work.

It was chaotic and confusing but my friend now is so relieved.... Thanks a bunch for all experts help in here.

I'm posting this message in the hope it gets those in similar situation to my friend.

Hi, I'm in the process of finalising this application but by the time I reach the pay section, the only option I'm given is to pay £180.10 to submit my NTL application. Do you by any chance know if your friend had a £0 fee at the end of his application or a £180.10 fee like me? I have called them up to verify and they have told me it should be free and not to pay as it is perhaps a system error. Another post here suggested you might have to pay it then claim it back but this goes againts the advice I recieved via telephone after I mentioned this to them. Any advice is appreciated, thank you!

[vinny]

I have called them up to verify and they have told me it should be free and not to pay as it is perhaps a system error. Another post here suggested you might have to pay it then claim it back but this goes againts the advice I recieved via telephone after I mentioned this to them. Any advice is appreciated, thank you!

Yes.

Was their alternative advice not to pay? If an application asks for payment, then does it allow the applicant to proceed, complete and submit, without paying?

[vinny]

A member on different forum just posted another Home Office’s answer:

I have referred this for advice and you are correct, there is a bug in the new form. We have been advised that this should be corrected by the end of next week. It will probably be best to wait until then before making an application. Alternatively if an application is made before the bug is fixed, a payment would be required but would be later refunded.