Employer querying ILR in old passport

Eaustin · Post by **Eaustin** » Fri Oct 03, 2014 8:28 pm

My Partner has ILR. His visa in an old passport, when he goes through customs he presents both his old and new passport together and there has never been any issue. This week he started a new job and the HR department say there is a problem because the visa is not in his current passport, they have apparently referred to a website for employer's guidance.

The gov.uk website has a section with a big exclamation mark that states - You don’t have to transfer your visa - you can carry both your old and new passports when travelling to or from the UK instead. It doesn't make any mention about employment.

Can anyone advise?

pelen23 · Post by **pelen23** » Fri Oct 03, 2014 9:29 pm

They are wrong . I have other friends and their ILR is on their old passport and changed their jobs many times working for big organisations. Never had an issue.

pelen23 · Post by **pelen23** » Fri Oct 03, 2014 9:35 pm

Oh in my experience, Once the h.o endorsed my work permit on the immigration status paper ( it was a mistake) the organisation I worked for did not even bothered to ask me why it was endorsed there.their only concern should be whether he has a leave or not. Did he provided the picture page if the old passport?

Eaustin · Post by **Eaustin** » Sat Oct 04, 2014 11:48 am

Yes, he presented the picture page of both passports. I'm sure the employer is wrong but wondered if there was some definitive guidance or whether there were some updated regulations. Is there any benefit of applying for the NTL residence card?

Post by **manci** » Sat Oct 04, 2014 9:29 pm

Eaustin wrote:My Partner has ILR. His visa in an old passport, when he goes through customs he presents both his old and new passport together and there has never been any issue. This week he started a new job and the HR department say there is a problem because the visa is not in his current passport, they have apparently referred to a website for employer's guidance.

The gov.uk website has a section with a big exclamation mark that states - You don’t have to transfer your visa - you can carry both your old and new passports when travelling to or from the UK instead. It doesn't make any mention about employment.

Can anyone advise?
ask your partner's employer to call the UKVI employer helpline (0300 123 4699) - they will confirm that having the ILR in the old passport is not a problem

Post by **vinny** » Sun Oct 05, 2014 2:11 am

See also Employers can now accept evidence of indefinite leave to remain (ILR) in an expired passport

Do check if this is still in practice?

Richard W · Post by **Richard W** » Sun Oct 05, 2014 6:08 pm

vinny wrote:See also Employers can now accept evidence of indefinite leave to remain (ILR) in an expired passport

Do check if this is still in practice?

There's no reason for it to be - the relevant change in the regulations came in in May this year (2014), while that announcement seems to date back to 2010. I couldn't find a corresponding regulation change for 2010 - possibly it was the interpretation of the unqualified word 'passport' that changed.

There's more discussion in the thread ILR / Work Latest ruling - for Vignette (sticker) ILR-URGENT, to which I will shortly be adding some mixed, relevant information.

Eaustin · Post by **Eaustin** » Mon Oct 06, 2014 8:06 pm

Thanks for the replies and advice. My partner will try and progress this with his employer tomorrow.

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Employer querying ILR in old passport

Employer querying ILR in old passport

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