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Tier4 in old passport (no BRP): no Right to Work?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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4004
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Tier4 in old passport (no BRP): no Right to Work?

Post by 4004 » Sun Oct 30, 2016 11:40 am

Having a valid Tier 4 UK visa in a cancelled passport allows me to enter, that much I know. However, I have recently been questioned at length by a border agent on whether I have a BRP (which I don't - visa issued in 2013). Could I at any point be required to have a BRP to enter despite having a valid visa?

I have also been denied employment on the basis of visa being in the old passport, and the UKVI guidelines calling for a "current" document. Is it not a case of interpretation? Technically, the old passport is valid until 2019 but is full with stamps and visas, so a new one was issued. The only thing that shows it is cancelled is an "Annulled" (in Belarusian) stamp on some of the pages, not on the visa page.
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vinny
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Re: Tier4 in old passport (no BRP): no Right to Work?

Post by vinny » Sun Oct 30, 2016 2:02 pm

4004 wrote:Having a valid Tier 4 UK visa in a cancelled passport allows me to enter, that much I know. However, I have recently been questioned at length by a border agent on whether I have a BRP (which I don't - visa issued in 2013). Could I at any point be required to have a BRP to enter despite having a valid visa?
Transfer your visa to a new passport wrote: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.
4004 wrote:I have also been denied employment on the basis of visa being in the old passport, and the UKVI guidelines calling for a "current" document. Is it not a case of interpretation? Technically, the old passport is valid until 2019 but is full with stamps and visas, so a new one was issued. The only thing that shows it is cancelled is an "Annulled" (in Belarusian) stamp on some of the pages, not on the visa page.
New employers may initially want to see current passport with valid leave or a valid BRP.
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4004
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Joined: Sun Oct 30, 2016 10:47 am

Re: Tier4 in old passport (no BRP): no Right to Work?

Post by 4004 » Mon Oct 31, 2016 12:01 pm

vinny wrote: New employers may initially want to see current passport with valid leave or a valid BRP.
Indeed, comfirmed with UKVI today, they mentioned "the system being very strict about that". bummer
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namkie90
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Re: Tier4 in old passport (no BRP): no Right to Work?

Post by namkie90 » Fri Nov 04, 2016 1:08 pm

hi,
I think you would need to apply for a transfer of conditions TOC to have your remaining leave permission transferred on to a BR permit. I dont know why, because technically you're here legally which is there in your entry clearance sticker on old passport (if it is good for travel then it logically should not stop employers from seeing it as evidence). but their reasoning is they need to make sure new hires have updated documents.
I also am in your boat and sent off my passports by post to Home office in Durham. will update if I hear anything from them about the TOC application.
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namkie90
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Re: Tier4 in old passport (no BRP): no Right to Work?

Post by namkie90 » Fri Nov 04, 2016 1:11 pm

vinny wrote:
4004 wrote:Having a valid Tier 4 UK visa in a cancelled passport allows me to enter, that much I know. However, I have recently been questioned at length by a border agent on whether I have a BRP (which I don't - visa issued in 2013). Could I at any point be required to have a BRP to enter despite having a valid visa?
Transfer your visa to a new passport wrote: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.
4004 wrote:I have also been denied employment on the basis of visa being in the old passport, and the UKVI guidelines calling for a "current" document. Is it not a case of interpretation? Technically, the old passport is valid until 2019 but is full with stamps and visas, so a new one was issued. The only thing that shows it is cancelled is an "Annulled" (in Belarusian) stamp on some of the pages, not on the visa page.
@vinny I am not sure what you meant ? do you mean either a current BRP or a visa on an old passport both are fine to a new employer?I was told that employers can't refuse to hire you and issue a CoS but it becomes a problem when you actually start working full time so at that time you would need to make an application to transfer your current permission on to a BRP. correct me if I'm wrong!

New employers may initially want to see current passport with valid leave or a valid BRP.
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kingstons vc
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Re: Tier4 in old passport (no BRP): no Right to Work?

Post by kingstons vc » Sat Nov 05, 2016 8:50 am

you can transfer your visa to a brp by applying for a 'transfer of conditions' (TOC) if you have LEAVE TO REMAIN in the UK.
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