ILR in old passport - can I be self-employed without a BRP?

[temporarilyinsane]

Long story short - I have ILR through marriage, I have held it for about six years. I recently got a new passport (US), and subsequently applied for citizenship.

I am technically self-employed but was unable to attend to business and be a stay at home parent, so I put my work on hold until my daughter goes to school this September.

I have only just found out about needing a BRP in order to obtain a job if your visa is in an old passport. Is it also illegal for me to work as self-employed without a BRP? At this rate I might as well wait for my citizenship to come through rather than apply for a BRP but I want to know if I can work for myself.

[geriatrix]

Prior to the introduction of the Biometric Residence Permit, for those granted permission to come to or remain in the UK, we issued a UK government endorsement in their national passport. This might have placed restrictions on the type of work they were permitted to do, and/or the hours they could work, depending on the conditions attached to their immigration permission. For those coming to the UK, this would be in the form of an entry clearance (often called “a visa”) granted in their country of application. Vignettes granting permission to come to or remain in the UK will still demonstrate a right to work while they remain valid.

Unlike BRPs and ILE, ILR vignette has no "expiry date", so it remains valid even after the expiry date of the passport it is glued to.

[temporarilyinsane]

That is really poorly worded. Further on in the document (page 22) you can see that it says this:

Acceptable documents to establish a continuous statutory excuse:

6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

My passport containing the document is no longer current. I suspect that the "valid" wording is supposed to convey that too.

[temporarilyinsane]

Sorry, that should say page 24.

[vinny]

Indefinite leave does not expire, by definition.

Therefore, of course, you may legally work, unless your ILR was revoked or cancelled after being away for more than two years.

If you apply for new employment, then your new employers may need to see a valid BRP (List A > 5), just to confirm that you ILR status is still the same. It gives them an excuse not to be fined. But once should be enough. However, not having a valid BRP doesn't necessarily mean that you may not work, it just mean that you cannot easily demonstrate your right to work to a new employer. You can always demonstrate your right to work by transferring your ILR to NTL at any time.

Moreover, if you were self-employed prior to expiry of your old passport, then you have already satisfied yourself of your right to work. It's a bit silly, isn't it?

See also Surprised Brits.

[temporarilyinsane]

Thanks for clearing that up Vinny.

I later realised that my friend's charity was going to employ me to work at an after school club this autumn, but I don't want the charity to be fined for hiring me! Such a minefield.

[te7037]

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.

[CR001]

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.

[Hello:2017]

Hi
I would strongly urge anyone wanting a BRP card to go in person to the HO, it's expensive but worth every penny. The process can take up to 6 months! If you apply by post you will receive the biometrics invitation letter approx. a month after your application was submitted. You then have 15 days in which to enrol your biometrics and not all post offices do this, you need to check as don't go by the internet. I am still waiting for my passports to be returned, I sent my application on 18th March, received my biometric letter on 21st April and am still waiting for my passports to be returned. There is no one you can chase about the return of your passports, there is a form but if you request for it back, they automatically cancel your application and you will loose the fee. Once you receive your biometrics invitation letter, there is a ref. no which employers will need and use to check that you are indeed applying for a BRP card.
Good luck!

[vinny]

If your application is in the UKVI's system, then, hopefully, the ECS will give a positive result.

Better ask your employer to contact UKVI instead and explain the situation

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