Indefinite Leave to Remain Vignette in Expired Passport

[simmo]

Hello

I have not posted here for many years as I have not had the need to.

My wife is a Canadian National who has Indefinite Leave to Remain (ILR) since April 2011. This was granted based on marriage to me following entry via a Fiancee Visa and then 2-year Limited Leave as was in place at the time.

She is now on her third Canadian passport since the once containing the ILR vignette expired and for the last 12 years we have lived, worked and travelled happily with her producing the ILR vignette in her old passport as required.

BUT - she has recently made enquiries about a new job and the perspective employer has advised that they can no longer accept proof of ILR in an expired passport.

Some research upon the UK Gov website here seems to suggest this is correct - https://www.gov.uk/transfer-visa

Is this a recent change? My wife seems to be in the dilemma of having the right to work but not being able to prove it? She did have a Biometric Card from 2009-2011 but this was surrendered when she applied for ILR as ILR at the time, if I recall, was not yet issued on Biometric Cards and she got the Vignette in her passport.

I don't see why we should be penalised for this, it is not our fault that the Home Office was not issuing cards to ILR holders at the time.

I note from my research we can now make a Free of Charge application for a BRP card (although this only became free at the start of April!) but that it could take up to 6 months.

Is there any other option we have here to prevent compromising this new job? My reading of the situation is that my wife remains perfectly entitled to work, but cannot prove it to the employer's / UK Gov satisfaction!

The only saving grace appears to be that we can still travel back into the UK using the old document to prove her status, as we are travelling for a week's holiday in France next week.

Thank you in advance for reading.

[zimba]

It is NOT a recent change at all and it started to affect people after 16 May 2014 who are seeking a new employment and need to prove their status. Since Immigration Act 2014 came into force, you generally need a valid BRP to officially prove your immigration status for a new employment. However, there are some other forms of evidence allowed. The problem seems to be that the ILR endorsement is in an expired passport and the guide requires a current document with an endorsement:

since 16 May 2014, for those people in the UK who require permission to work and reside, an immigration endorsement must be in a current passport to demonstrate a right to work.

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
You should ask the prospective employer to follow as per the guide.

In the meantime, she should apply for a BRP: https://visas-immigration.service.gov.u ... nt-service