Working on ILR without BRP

[Richard W]

I am a British citizen lacking any EU-privileges; my wife is Thai and currently has ILR.

My wife has the potential problem that the evidence of permission to work in the UK is an ILR vignette in an expired passport. She also has a letter recording the grant of ILR. It seems that a new employer will not have a statutory excuse if, say, her ILR has in fact lapsed.

Do potential employers have the right to refuse to employ her because they cannot avail themselves of a statutory excuse, or can she invoke the provisions against facial discrimination?

Am I right in thinking that if she obtains a Biometric Residence Permit (BRP), she will in future have to demonstrate near-continuous residence since being granted ILR, rather than since she last successfully applied for a BRP? I worry about her being able to do this when she is in her nineties.

[Richard W]

On various sites I've found the following two paragraphs, though without clear attribution:

However, the UKBA has reviewed the policy and, under the UKBA’s illegal working civil penalty regime, from 2 August 2010 it has been decided that if you are an employer you can accept indefinite leave to remain (ILR) in an expired passport as evidence of right to work.

The UKBA is considering an amendment to the Immigration (Restrictions on Employment) Order 2007 in due course to reflect this, and also intends to issue new guidance.

It looks as though there has been vacillation on the acceptability of ILR in an expired passport. At first I thought it the issue had been resolved, but then I noted the date.

[Richard W]

I've just found that this problem has been raised before:

http://www.immigrationboards.com/indefi ... 67550.html

The OP was beaten into obtaining a BRP.