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old ILR sticker - Employer refusing to acknowledge

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bond.boy203
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old ILR sticker - Employer refusing to acknowledge

Post by bond.boy203 » Wed May 04, 2022 12:00 pm

A close friend of mine is in situation and hoping experts in this group can point in the right direction. the individual has old ILR sticker on expired passport. Individual is in the process of changing the employment and the prospective employer is insisting BRP which has applied but they are not willing to accept ILR sticker as proof of right to work. This person also suggested to go and check right to work site as employer however seems like the individual dealing with matter dont have much immigration knowledge.

I was wondering if there is any UKBA link which confirms that ILR sticker is still valid proof of immigration and right to work so that he can provide the same to prospective employer as proof. Anyone know such link or can provide offical UKBA link would help immensely as this person is really nervous since he has already resigned of his current job.

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zimba
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Re: old ILR sticker - Employer refusing to acknowledge

Post by zimba » Wed May 04, 2022 1:39 pm

Since Immigration Act 2014 came into force, you need a valid BRP to officially prove your immigration status for a new employment. The problem seems to be that the ILR endorsement is in an old passport and the guide requires a current document with an endorsement

Here is the guide the employers follow to check an employee's documents: https://assets.publishing.service.gov.u ... __PDF_.pdf
So an employer should accept this item from list B Group 2:
A Positive Verification Notice issued by the Home Office Employer Checking Service
to the employer or prospective employer, which indicates that the named person may
stay in the UK and is permitted to do the work in question.
That is the place the employer will apply for the positive checks: https://www.gov.uk/employee-immigration ... ent-status
They should ask the prospective employer to follow as per the guide
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

secret.simon
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Re: old ILR sticker - Employer refusing to acknowledge

Post by secret.simon » Wed May 04, 2022 6:18 pm

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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