Immigrationboards.com

Hi,

I recently found out that in 2014 they have changed the rules for ILR on an expired passport.
My ILR is on my expired passport and I started working in the UK after graduating from University last year (2016). It looks like my company and myself was not aware of the changes back in 2014.
I understand that i have the right to Live in the UK but not Work in the Uk is that correct?

I need to fly to Asia for 21weeks next month to attend a family funeral so I do not have time to transfer my ILR to the BRP card(as I need to send in my passport).

My question is will they check me i.e. employment that I am not allowed to work because of my ILR on expired passport and then fine my workplace(I lose my job too) when I come back into the country? Or do they only check the right to live in the UK?

I will apply for the card to transfer my ILR but it will have to wait until I get back as my flights are already booked. I have passed my life in the UK test last December and will be applying for British Citizen once I transferred my ILR to the card.

Appreciate the advice, thanks

Did your employers check your ILR in an unexpired passport when you initially started working for them?

Sorry, no they checked an expired passport with a ILR in it,

I believe that as an ILR holder, you do have the right to reside and work, unless your ILR was revoked, cancelled, or lapsed. A NTL BRP only confirms your status.

Unfortunately, your employers may not have a statutory excuse against a penalty, if they didn't check your documents properly. But would the UKVI actually impose a penalty on them?

Thanks Vinny,

My main concern is will they check this once i enter back in the country after 1 week from Asia as i am not familiar with the checks upon entry in the UK. i.e realise my ILR is on expired passport and realise i am working, I just don't want to lose my job.

I think an Immigration Officer's primary concern is that you satisfy the requirements of a Returning resident. As a Returning resident, you have the right to work (8), regardless of your employer's lack of statutory excuses against a penalty. Although the Immigration Officer's date stamp is insufficient for employers, it may make it less likely for the UKVI to chase and impose a penalty on your employers.