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Biometric Residence Permit

General UK immigration & work permits; don't post job search or family related topics!

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Izzybee123
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Biometric Residence Permit

Post by Izzybee123 » Tue Mar 26, 2019 4:03 pm

I am really hoping someone has some advice or maybe has experienced something similar. I am writing this on behalf of my partner who is South African and lived in this country since he was 2 and has had full education here and never left the country. This past year he has looked for work after completing his education and managed to secure an apprenticeship as a maintenance engineer with a large company. Everything was going well into a few of months of working there he was pulled in to HR to be told he may not be able to work there as they have doubts about his validity to be able to work in the country as his indefinite leave to remain visa is in an out of date passport. As a result he had a meeting a week later to confirm that he can no longer work there and they have to terminate his contract. The worst part of it is he is only 18 and had no idea that he would require this to be able to work in the country he grew up in, he was never told he would need it when he recieved his national insurance number nor was there any official warning/indication that he would need it. However, as they were impressed with his work they said they would hold his job position for 6 months while he waits for a BRP which he can take for them to write up a new contract. He applied for a BRP 5 weeks ago today and it cost about £300. He had his appointment to upload documents and take finger prints to be sent to the home office where he hoped to be able to get answers to some of his questions only to be told that she knows absolutely nothing about the process (this appointment cost £60). This is a very stressful and scary time for us as there is no way of tracking the progress as when you ring the home office they day they cannot disclose the status of the application because they don't have access. Frankly I feel this is wrong as our lives and future are in turmoil with him not being able to do anything about it other than wait. I suppose my main question is for a bit of piece of mind, how long realistically can it take? Has anyone been in a similar position or can explain how you're supposed to know you require this BRP to work if you're not told or made aware at any point in your life growing up here as a non EU national. We are really hoping it arrives around week 8 or he at least hears from the home office around this point as he has heard this tends to be how long it takes on average.

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zimba
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Re: Biometric Residence Permit

Post by zimba » Tue Mar 26, 2019 5:00 pm

While this might be stressful for you and your partner, it is generally straightforward to resolve. :)
Since 2014, you cannot use an ILR sticker in a passport as a proof of your right to work in the UK. Instead you need a BRP.
Unfortunately some employers overreact when faced with these cases and suspend or fire their employees without doing an ECS check.
Also getting a new BRP could take up to 6 months which is not great at all.

ECS check: Home Office offers the Employer Checking Service for free which allows employers to check people such as your partner regarding their right to work in the UK when they do not have sufficient documentation.
I suggest your partner to contact the employer and request that they use the ECS service to check his right to work and take him back when the home office confirms.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Izzybee123
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Re: Biometric Residence Permit

Post by Izzybee123 » Tue Mar 26, 2019 6:07 pm

Unfortunately from the meeting he had with them it sounded like they had already checked and could confirm that he could not work untill he gets a BRP or confirmation that it is successful. The thought of it really taking 6 months is worrying, I really hope it is sooner. At least we with have it in writing that they will keep the job position open for 6 months, just hope they don't change their minds.

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zimba
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Re: Biometric Residence Permit

Post by zimba » Tue Mar 26, 2019 6:13 pm

I doubt they ever checked with ECS. ECS must return positive if he has ILR status. If not, how do you expect him getting a BRP ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Izzybee123
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Re: Biometric Residence Permit

Post by Izzybee123 » Tue Mar 26, 2019 6:22 pm

When he spoke to them at the meeting they said they had checked with legal advisors and run the employment checks, they are a large company and his right to work invalidity showed up on an audit. This is because whilst he has ILR it is in an out of date passport.
Last edited by Izzybee123 on Tue Mar 26, 2019 6:23 pm, edited 1 time in total.

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zimba
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Re: Biometric Residence Permit

Post by zimba » Tue Mar 26, 2019 7:58 pm

As I already told you since 2014, even if his passport was not expired his right to work still cannot be evaluated !
An ILR sticker is NOT acceptable evidence regardless of the validity of your passport. Employment checks are done simply be following a guide. Here it is: https://www.gov.uk/government/publicati ... -checklist

Item 3 in List B Group 2 is an acceptable evidence, no need for a passport or visa or BRP.
3. A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question
I stress again that if he has ILR status, the ECS checks MUST return a positive notice and he should not have any issues to start work. :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Izzybee123
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Re: Biometric Residence Permit

Post by Izzybee123 » Tue Mar 26, 2019 8:08 pm

I've shared the information with my partner, he will be looking into it tomorrow. Thanks a lot, I appreciate it!

Izzybee123
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Re: Biometric Residence Permit

Post by Izzybee123 » Thu Apr 04, 2019 4:08 pm

Not sure if you will see this but I just wanted to say that my partner sent them the employment check link and it came back positive! He can finally start work again so thanks for the advice :)

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zimba
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Re: Biometric Residence Permit

Post by zimba » Thu Apr 04, 2019 4:13 pm

I am happy it worked out. As you see I was right :D
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tash92
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Re: Biometric Residence Permit

Post by Tash92 » Fri Aug 16, 2019 4:54 pm

Izzybee123 wrote:
Tue Mar 26, 2019 4:03 pm
I am really hoping someone has some advice or maybe has experienced something similar. I am writing this on behalf of my partner who is South African and lived in this country since he was 2 and has had full education here and never left the country. This past year he has looked for work after completing his education and managed to secure an apprenticeship as a maintenance engineer with a large company. Everything was going well into a few of months of working there he was pulled in to HR to be told he may not be able to work there as they have doubts about his validity to be able to work in the country as his indefinite leave to remain visa is in an out of date passport. As a result he had a meeting a week later to confirm that he can no longer work there and they have to terminate his contract. The worst part of it is he is only 18 and had no idea that he would require this to be able to work in the country he grew up in, he was never told he would need it when he recieved his national insurance number nor was there any official warning/indication that he would need it. However, as they were impressed with his work they said they would hold his job position for 6 months while he waits for a BRP which he can take for them to write up a new contract. He applied for a BRP 5 weeks ago today and it cost about £300. He had his appointment to upload documents and take finger prints to be sent to the home office where he hoped to be able to get answers to some of his questions only to be told that she knows absolutely nothing about the process (this appointment cost £60). This is a very stressful and scary time for us as there is no way of tracking the progress as when you ring the home office they day they cannot disclose the status of the application because they don't have access. Frankly I feel this is wrong as our lives and future are in turmoil with him not being able to do anything about it other than wait. I suppose my main question is for a bit of piece of mind, how long realistically can it take? Has anyone been in a similar position or can explain how you're supposed to know you require this BRP to work if you're not told or made aware at any point in your life growing up here as a non EU national. We are really hoping it arrives around week 8 or he at least hears from the home office around this point as he has heard this tends to be how long it takes on average.
Can anyone answer my question please it’s urgent You said scan and upload documents. Did they keep the expired passport containing ILR or they just scanned it and allow you to take it home?? Need to know as my husband is I the same position now and we’ve booked holiday for December already and his workplace just told him about BRO today 16th August 2019

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CR001
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Re: Biometric Residence Permit

Post by CR001 » Fri Aug 16, 2019 4:55 pm

Tash92 wrote:
Fri Aug 16, 2019 4:54 pm
Izzybee123 wrote:
Tue Mar 26, 2019 4:03 pm
I am really hoping someone has some advice or maybe has experienced something similar. I am writing this on behalf of my partner who is South African and lived in this country since he was 2 and has had full education here and never left the country. This past year he has looked for work after completing his education and managed to secure an apprenticeship as a maintenance engineer with a large company. Everything was going well into a few of months of working there he was pulled in to HR to be told he may not be able to work there as they have doubts about his validity to be able to work in the country as his indefinite leave to remain visa is in an out of date passport. As a result he had a meeting a week later to confirm that he can no longer work there and they have to terminate his contract. The worst part of it is he is only 18 and had no idea that he would require this to be able to work in the country he grew up in, he was never told he would need it when he recieved his national insurance number nor was there any official warning/indication that he would need it. However, as they were impressed with his work they said they would hold his job position for 6 months while he waits for a BRP which he can take for them to write up a new contract. He applied for a BRP 5 weeks ago today and it cost about £300. He had his appointment to upload documents and take finger prints to be sent to the home office where he hoped to be able to get answers to some of his questions only to be told that she knows absolutely nothing about the process (this appointment cost £60). This is a very stressful and scary time for us as there is no way of tracking the progress as when you ring the home office they day they cannot disclose the status of the application because they don't have access. Frankly I feel this is wrong as our lives and future are in turmoil with him not being able to do anything about it other than wait. I suppose my main question is for a bit of piece of mind, how long realistically can it take? Has anyone been in a similar position or can explain how you're supposed to know you require this BRP to work if you're not told or made aware at any point in your life growing up here as a non EU national. We are really hoping it arrives around week 8 or he at least hears from the home office around this point as he has heard this tends to be how long it takes on average.
Can anyone answer my question please it’s urgent You said scan and upload documents. Did they keep the expired passport containing ILR or they just scanned it and allow you to take it home?? Need to know as my husband is I the same position now and we’ve booked holiday for December already and his workplace just told him about BRO today 16th August 2019
The ukcvas centres DO NOT keep original documents, whether expired or not.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Tash92
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Re: Biometric Residence Permit

Post by Tash92 » Mon Aug 19, 2019 3:57 am

Ok Thank you. So we can go on our holiday December then using the Old passport with indefinite leave to remain while they do the BRP???

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zimba
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Re: Biometric Residence Permit

Post by zimba » Mon Aug 19, 2019 11:59 am

Tash92 wrote:
Mon Aug 19, 2019 3:57 am
Ok Thank you. So we can go on our holiday December then using the Old passport with indefinite leave to remain while they do the BRP???
ILR stickers often have expiry date. While ILR status does not expire, the ILR expiry date on the passport may create issues with boarding planes as airlines do not often allow it. This is important if you are a visa national for travel :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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