Suspended from work! ILR in expired passport. Help!

[N_Obialor]

Good Morning Everyone,

I have my ILR in my old Nigerian passport but I also have a new Nigerian passport which I have been using both together for years now. Btw I didn't know this BRP had been introduced I was in Nigeria recently.

I applied for Naturalisation 3 months ago( my employer is aware of this) only for me to get to work last week & was informed that I am on suspension until they are able to carry out an employment checking service which they were unsuccessful when they tried to do.

I am really shocked because my old passport with new one was the one that I applied for this job with. Although they agreed to keep paying me till I get a letter from my naturalisation case worker which would enable them to do the ECS, I don't know how long they can pay me for as I am a contractor and I don't want to loose my job.

I spoke to UK Visa & told me I had 2 options, to either withdraw my naturalisation application & apply for a fast track BRP card £600 ( which doesn't make sense) or wait till I get my UK passport.

I'm really worried about my job. Someone please advice me. I don't know what to do. Is there nothing else I can do like get a letter from the home office?

Many thanks
Nkechi

[vinny]

Why was the ECS unsuccessful? If you haven't been absent from the UK continuously for over two years and they have not revoked your ILR, then it should be obvious to the UKVI that your ILR is still valid.

Perhaps your SAR records may confirm your settled status?

[N_Obialor]

Thanks for your response, I've not been absent. I think the failed attempt might be due to the fact that i put the company I work for as employer rather than my agency but the agency just told me that I would have to request a letter from my case worker which would enable them to carry out the ECS.

Could I write to my case worker & explain the situation although I don't know if this is possible? and at the same time also request for a SAR? How long does SAR take?

Many Thanks for your help on this matter.

[vinny]

A SAR response should be between 20 and 40 days.

[Obie]

I agree with Vinny. The ECS were wrong to have given a negative reply.

You must send a Pre-Action letter to them, that you will seek full damages in the court of law, if they continue to insist that you have no right to work in the UK.

[uchida]

Hi Nkechi,
The ECS shouldn't give a negative response if your ILR is still valid...It doesn't matter who your employer is. The Employer Checking Service (ECS) is solely for checking immigration status of an employee by an employer. I think an error has been made either by your employer whilst filling the checking form online or by the ECS (I suspect it's an error by your employer) they can make the request again...I think. In all fairness, UKBA is a mess, their processes are way too messy. I hope this gets sorted out.....as long as your ILR has not be cancelled/ curtailed, you'll be fine.

[N_Obialor]

Hi All,

I didn't realise you guys had responded (thanks).

I really don't know what they did wrong but it's so bad someone at my work was asking me what problems I had with my visa guess my manager didn't think of it as a big deal and told the team. I was trying to explain I have been using my ILR in an old passport for about 6 years & there was no issue but they probably don't understand.

So I wrote a letter to my case worker last Friday explaining what had happened. She returned my passports & replied me today saying my application for naturalisation has been successful & I should receive a letter inviting me for my ceremony. I don't see any point in getting the biometric card now . I am now on leave from Monday till January so I hope my letter of approval will arrive & is sufficient for my employer for now till I apply for my UK passport .

Many Thanks
Nkechi