Immigrationboards.com

Hi all,

My partner holds ILR for 5 years and it is in an expired passport. She has been offered a new job and the HR department have now refused her employment as she does not have a BRP and told her to apply for a NTL stamp and then she can re-apply for the position as she currently is apparently unable to show her right to work under new rules from this year.

She is now unemployed and I've saw the average wait time for a NTL application are 90 days, this is of course really bad for us.

We cant afford to pay for the special service and my partner is now on Jobseekers Allowance and it seems will be unempployable for 3 months or more, Is there any way around this or will all future jobs now be expecting this?

Thank you for any advice.

does she actually hold ILE, not ILR then?
basically either way, only the stamp may have expiration date, ILE nor ILR does not expire
you can apply for NTL but this is optional
your wife was dismissed unfairly and without reason -- unfortunately this is probably because HOme Office really likes to get people to apply for documents people do not have to have, and so they write employer right to work verification guides in a confusing manner, and nowhere it explains to them that ILE or ILR does not expire just because the stamp does. it instructs them to ask for an unexpired document.
the fact that your wife was given JSA confirms this -- obviously no one would give her JSA if she had no right to work!
i suggest trying to haggle with the employer
apply for NTL as a matter of convenience for the future, but you don't have to

If they gave her a letter with her ILR and if it's an acceptable immigration status letter, then she may use it, together with another acceptable document (Annex A, List A > 7).

There is no expiry date on an ILR letter.

Thank you for the replys.

Yes she definatly holds ILR not ILE, its a ILR full page sticker in her expired passport.

I saw that document linked by Vinny and presented it to the employer (which is a very large corperation) and that her ILR in an expired passport together with her national insurance number proof was enough but they inisited it must still be either in a current passport or that she apply for a NTL stamp. They say it is company policy.

I'm really at a loss of what else to do as they dont seem to be willing to move on thier position, despite already offering her the job previous.