ILR expires?

[dochas]

Hello all,

Does anyone know where (e.g. on the Home Office / Goverment website, in written immigration rules etc) I can find the legitimate information on ILR status and expiry of BRP which are two different matters?

I got my ILR and BRP in Sep 2012 and the BRP will expire in Apr 2022. I always thought that I do not have a time limit on the length of stay in the UK as I have got a "settlement" status, just need to renew my BRP when time comes, like a UK citizen renewing his passport.
However, I was told by my potential employer that the rules have been changed and ILR expires in 10 years. I searched the GOV.UK website but could not find anything about it. What I have found is just the explanation below in the Guidance Notes (BRP), which I understood ONLY BRP expires.

3. Valid until – the date the permit expires. This date is at the end of the time the holder is allowed to stay; or five or 10 years if the holder has been given permission to settle in the United Kingdom (known as indefinite leave to remain)

I am not considering to get a citizenship thus that is not a solution.
I appreciate if someone could guide me to the legally valid information as otherwise I would have difficulty getting a new job.

Many thanks.

[vinny]

You are correct. Only the BRP expires, similar to a passport expiring.

If Indefinite Leave to Remain (ILR) was valid for only 10 years, then the leave would be for a Limited period and not for an Indefinite period (3(1)(b)), which is contradiction in terms. It is illogical.

However, if you are absent from the UK for over 2 years, then you may have problems returning.

Moreover, there's no requirement an employer to recheck an ILR holder's documents during the term of employment.

[dochas]

Thank you Vinny for your reply.

Is there any Government / Official webpage or written immigration rules that clearly explain about both ILR and BRP together, so that I can show and prove to my potential employer that I am correct?

[vinny]

Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post should have no time restrictions on their stay in the UK, that is, they can stay indefinitely. ILE carries the same entitlement as ‘Indefinite Leave to Remain’ (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a ‘validity date’ on the visa. In cases of ILE the ‘validity date’ on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR).

[vinny]

There are instances when an ILE/ILR may be revoked (76) or lapsed or cancelled or ceases to exist (46).

However, I don't think a BRP's or passport expiry is one of these ways.

Moreover,

You can’t apply for a BRP on its own - you can only apply as part of your application to extend your visa or settle.

You’ll also have to apply for a BRP if you want to transfer your visa to a new passport or apply for certain Home Office travel documents.

However,

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.

A new employer may want to see an unexpired BRP, but once should be enough. After that, if you don't change employers, then the BRP's expiry shouldn't matter.

[dochas]

Thank you Vinny for the explanation.

[te7037]

Hi Vinny

I am currently having the same problem with my ILR stamp being on my expired passport and my new employer is asking for BRP from me. I will have to apply for the BRP and there will be a delay of 6 weeks to my recruitment process.

How do I convince my new employer?

[vinny]

Hi

I have the same issue here but my future employer refused to back down and insisted that I needed a BRP.

This will cause a delay in the recruitment process up to 6 weeks.

I showed them the letter I received from the UK Home Office issued at the same time as my old ILR stamp in 2002 but according to them, it was not classified as an Immigration Status Document.

Any advice will help to convince them is much appreciated.

For new employment, you will need a BRP. Your future employer is simply following the rules as set by HO. Apply in person if you have the spare cash to pay the extra fee.