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New BRP after applying for ILR spouse route?
Posted: Fri Oct 01, 2021 10:03 am
by Gedk66
Hello, we have applied for ILR after 5 yr route spouse visa. My wife's BRP is due to expire in the new week or so. Does she automatically receive a new BRP until the ILR decision is made, as her employers are now saying she can no longer work until she can prove her immigration status. When all documents were submitted she had her Biometrics taken (finger prints photos etc) but there was no mention of renewing or temporary BRP card.
Advise please..
Thank in advance.
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 01, 2021 10:34 am
by manci
Provided it was an in-time application your wife's right to work is automatically extended under section 3c until a decision is made on her application for ILR. She should ask her employer to confirm this through the Employer Checking Service.
She will only get a new BRP after a positive decision on her ILR application
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 01, 2021 7:18 pm
by Gedk66
When we checked online using the BRP ID number on her card, it states that her right to work expires as per the expiration date on her card. Her employer is refusing to give her any shifts until this changes. That's why I was hoping a new temporary BRP card would be issued until the ILR decision is made. Equally, if she were asked to provide proof of her immigration status, say by the Police for instance, she doesn't have anything other than her word that the application is under process.
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 01, 2021 8:03 pm
by manci
If the employer is unwilling to check your wife's right to work using the Employer Checking Service she can check it herself here:
https://www.gov.uk/prove-right-to-work
Try using her passport as the ID document rather than the BRP
Re: New BRP after applying for ILR spouse route?
Posted: Mon Oct 04, 2021 12:19 pm
by Gedk66
Entered passport details, but it comes back as not recognised. The BRP number when entered says her right to work expires as per her card.
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 08, 2021 8:01 am
by Gedk66
Hi, can anyone help with this please, as we have tried to find an answer on the Gov website and internet sites but nothing.
We received a confirmation email saying that all documents have been received and submitted to UKVI and that they will be in touch if they need anything else. This was sent by UKVCAS, the agency that works on behalf of UKVI. Are we meant to receive a reference number that we can use to access further assurances of right to work?
They finished the email saying; 'Please note, your immigration status remains unaffected while your application is being processed.'
This is the problem, that other than their message, on the Gov website states that her BRP and right to work will expire on 10th Oct 2021. My wife employers have told that unless she can prove her right to work they will be forced to terminate her contract.
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 08, 2021 10:20 am
by manci
Gedk66 wrote: ↑Fri Oct 08, 2021 8:01 am
We received a confirmation email saying that all documents have been received and submitted to UKVI and that they will be in touch if they need anything else. T
when did you receive this email?
Gedk66 wrote: ↑Fri Oct 08, 2021 8:01 am
his was sent by UKVCAS, the agency that works on behalf of UKVI. Are we meant to receive a reference number that we can use to access further assurances of right to work?
No
Gedk66 wrote: ↑Fri Oct 08, 2021 8:01 am
My wife employers have told that unless she can prove her right to work they will be forced to terminate her contract.
Has your wife asked her employer to check her right to work by using the Employer Checking Service?
Gedk66 wrote: ↑Fri Oct 08, 2021 8:01 am
They finished the email saying; 'Please note, your immigration status remains unaffected while your application is being processed.'
Did your wife show her employer the email she received from the HO?
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 08, 2021 10:37 am
by Gedk66
Email was received the day after application was submitted.
Employer is asking for her to prove.
Didn't receive email from HO was from UKVCAS - the agency that receives the applications in Croydon.
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 08, 2021 12:16 pm
by AmazonianX
Gedk66 wrote: ↑Fri Oct 08, 2021 10:37 am
Email was received the day after application was submitted.
Employer is asking for her to prove.
The proof is in the employer using the avenue provided by the government for this purpose. The acknowledgement letter can also be shown to her employer as it states that her immigration status remains unaffected while application is being processed.
Didn't receive email from HO was from UKVCAS - the agency that receives the applications in Croydon.
Re: New BRP after applying for ILR spouse route?
Posted: Fri Oct 08, 2021 12:18 pm
by zimba