BRP with ILR expiring and right to work

[james59]

A relative has had settled status for about 20yrs, 10yr BRP with ILR is to expire next month. Application for renewal is being done right now.
The employer is asking for 'right to work proof as BRP expires otherwise terminate the job.
It was explained to them that only the BRP is expiring not ILR but they don't get it.
So we tried the code share thing on the HO website, enter BRP number and DOB and a message shows "we cannot show your details"
Is this a IT glitch or it's supposed to say that as BRP has ILR on it?

What is the legal situation here, can they sack/suspend a worker because the BRP with ILR has expired?


Thank you all in adavnce

[AmazonianX]

A relative has had settled status for about 20yrs, 10yr BRP with ILR is to expire next month. Application for renewal is being done right now.
The employer is asking for 'right to work proof as BRP expires otherwise terminate the job.
It was explained to them that only the BRP is expiring not ILR but they don't get it.
So we tried the code share thing on the HO website, enter BRP number and DOB and a message shows "we cannot show your details"
Is this a IT glitch or it's supposed to say that as BRP has ILR on it?

What is the legal situation here, can they sack/suspend a worker because the BRP with ILR has expired?


Thank you all in adavnce

Well know IT glitch. Manual check can be requested by employer to HO.

[james59]

thank you for the quick reply

just tried the HO site again and this time it's saying "you cannot use this service"
This is because you do not have the right to work in the uk.
The BRP card has not expired yet, maybe the employer tried and got this message too that's why they are asking for proof.

What i am also trying to clear up is when the BRP card has expired does the person still have the right to work?
As we wait for the new card this one will expire, as you are stating on the forum that it can take 2-6 months for card to arrive.

thank you

[razergd1]

ILR BRP was list A document up to 4/2022 even expired one. If the employer did RTW check before this date in my opinion this can be viewed as unfair dismissal. If they did RTW check before the IT glitch they should have received permanent RTW notification.

If the employer needs to repeat RTW check they can use the manual employer checking service as far as I understand.

If you need professional immigration advice you should contact licensed advisor. This is just my opinion.

[james59]

OK managed to get through to HO this evening and they say to ring the visa section to find out what the problem is.
I don't understand, i have just seen 2 old passports with vignettes saying indefinite plus the BRP with ILR, so will have to find out what's going on.

Will keep you guys updated.

[james59]

While we are trying to get throught to UKVI a friend has suggested that maybe the relative has ILR but no 'right to work' that's why we get this message on HO site
Is that possible? can you have ILR and no right to work

thank you

[razergd1]

Ask the employer to use the employer checking service with the number of the expired BRP

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

(Mark that the employee cannot share digital status due to technical error)

They will reply with what they have on record and can confirm RTW (if he does have ILR they should confirm this). It should take up to 5 working days.
The digital RTW system can have technical errors!


From your story, it sounds to me like the employer got it wrong. The expired BRP used to be a list A document up to 4/22. In my opinion if the previous check was done before that date it should be sufficient as long as the BRP confirms ILR status.

I'm not licensed immigration advisor so this is not advice, just opinion. If you need advice contact someone whose qualified to give you one.