ILR (expired passport) to BRP (NTL) right to work while waiting

[DoubleTake]

I've read on the guidelines that an individual does not have to wait until the outcome of the application to work and that the employer can contact HO (Employer Checking Service) to verify that an application for a BRP has been made.

Does anyone know how long after submitting the NTL application online do you have to wait before the employer can verify your status? Potentially due to start working at a new place in a few weeks. Is it as soon as you submit, after Biometrics or any other "milestone" in the application process?

[DoubleTake]

I guess what I'm trying to figure out is how quickly after NTL is submitted will it be enough for a potential employer to run right to work checks and whether I need to pay for the premium service if that is expected to take long?

[seagul]

It only happens where section 3C kicks in especially when an immigration related application is applied in timely. Contrarily, what you have applied is isn't an immigration application and most probably no employer will accept you if you haven't supplied them at least previously the correct type of documents such as a BRP card.

[DoubleTake]

Thanks for the response seagul. Could you clarify in which document is section 3C in reference to?

I understand that I won't be employable without having a BRP as my current ILR is in an expired passport. However, if you see the following GOV UK document: https://assets.publishing.service.gov.u ... _final.pdf

Q17 Why does an ILR stamp have to be in a current passport?

..."The individual does not have to wait until the outcome of the application
before being able to demonstrate a right to work. You may contact the Home
Office’s Employer Checking Service to verify that someone has made an
application for a BRP and has the right to work, so employment can
commence without delay. Further information is available here"

It mentions that I don't have to wait for the BRP card to be issued in order to work. Unless this document is no longer valid? My confusion is that if I'm supposed to start in the first week of September and I submit my NTL application for a BRP, would this leave enough time for the employer to check that my application has been submitted? I would prefer not to fork out £800 to do this through the premium service if it means that I should still be able to work while waiting for the BRP.

Just to clarify, my NTL application will be straight forward and there is no doubt about getting a BRP as I'm confident I'll meet the continuous residency and other requirements. This is just a straight forward ILR -> BRP. I'm just worried about timing for when I can start to work while waiting for the card to arrive. If I submit my NTL application coming Monday (17th Aug), would my record of submission be updated and available for the employer to check by the end of that week?

[vinny]

See also Help/NTL application/suspended from work.

[seagul]

Thanks for the response seagul. Could you clarify in which document is section 3C in reference to?

I understand that I won't be employable without having a BRP as my current ILR is in an expired passport. However, if you see the following GOV UK document: https://assets.publishing.service.gov.u ... _final.pdf

Q17 Why does an ILR stamp have to be in a current passport?

..."The individual does not have to wait until the outcome of the application
before being able to demonstrate a right to work. You may contact the Home
Office’s Employer Checking Service to verify that someone has made an
application for a BRP and has the right to work, so employment can
commence without delay. Further information is available here"

It mentions that I don't have to wait for the BRP card to be issued in order to work. Unless this document is no longer valid? My confusion is that if I'm supposed to start in the first week of September and I submit my NTL application for a BRP, would this leave enough time for the employer to check that my application has been submitted? I would prefer not to fork out £800 to do this through the premium service if it means that I should still be able to work while waiting for the BRP.

Just to clarify, my NTL application will be straight forward and there is no doubt about getting a BRP as I'm confident I'll meet the continuous residency and other requirements. This is just a straight forward ILR -> BRP. I'm just worried about timing for when I can start to work while waiting for the card to arrive. If I submit my NTL application coming Monday (17th Aug), would my record of submission be updated and available for the employer to check by the end of that week?

Your agitation is pretty valid but equally the employer is chained up with the home office guidance:


https://www.google.com/url?sa=t&source= ... vFfQGq3754

[DoubleTake]

Thanks vinny, I just read through all that and I get the answer that there isn't a definite time period when a right to work check could be done. I'm getting slightly worried now since the OP in that thread couldn't be verified by their HR department even after giving biometrics. I was hoping there would have been an update from them in the second page, but unfortunately not.

Given the current circumstances, I could be waiting months before there is an appointment for biometrics available and if the employer isn't able to do a right to work check, then I'm pretty much stuck. Kicking myself for not being aware of this sooner. There was no mention of the premium service in that thread, I wonder if that could accelerate the availability of my check?

----

seagul, in your link there is this following section on page 24:

"If you employ someone on the basis of the short validity vignette and they are unable to
present you with a BRP when the vignette time expires, you are not required to
immediately terminate the employment if you believe the employee continues to have the
right to work. However, once the 30 days has expired, you will not be able to establish a
statutory excuse if it transpires that the employee is working illegally.
The Home Office online right to work checking service supports right to work checks in
respect of BRP holders. Employees or prospective employees who hold this document
may choose to demonstrate their right to work using the online service."

I'm not sure if this would apply to me as I do "technically" have the right to work based on my ILR but the fact that it's in an expired passport is what's causing the issue. I understand the employer is chained up but it's frustrating knowing that I can legally work but not having the right representation of that document is what's going to stop me.

[seagul]

seagul, in your link there is this following section on page 24:

"If you employ someone on the basis of the short validity vignette and they are unable to
present you with a BRP when the vignette time expires, you are not required to
immediately terminate the employment if you believe the employee continues to have the
right to work.

That most probably addressing towards those entry clearances which are only valid for 30 days whilst having the remaining length of visa on BRP card available at designated post office. On various occasions the BRP card is not readily available like during the present period of Cvd19. Aside this, the ILR vignette you have is isn't valid for short period.

Also whilst having expired knowledge about citizenship applications, in my view applying for naturalization is far better than NTL provided the criteria can be met.

[DoubleTake]

Thanks seagul, although I would meet the criteria, I haven't looked into naturalisation as I thought that process would have taken longer than NTL. As it stands, I'm looking at whichever option would allow me to start working the earliest. It also seems like the premium service is only as good as when you get an appointment for biometrics, which could again be months out. Rock and a hard place I guess.

[seagul]

Thanks seagul, although I would meet the criteria, I haven't looked into naturalisation as I thought that process would have taken longer than NTL.

As per few antecedent threads, few members have even been waiting for their NTL applications since 1 year.

[DoubleTake]

I'm really hoping that's a very very rare occurrence. Surely it can't be expected that you get cut off from any employment for that long? Especially if it's as straightforward a I thought NTL would be.

[DoubleTake]

Oh no, I just read that priority services are all suspended . So really the 6 month standard application process is all I can do. No way, does this mean that I won't be able to work for potentially 6 months or longer...

[seagul]

Oh no, I just read that priority services are all suspended . So really the 6 month standard application process is all I can do. No way, does this mean that I won't be able to work for potentially 6 months or longer...

No harm in beseeching your prospective employer because you both are overwhelmed by your own rationality & logics.

[DoubleTake]

That's the only hope at this point seagul. Legally speaking I don't think I've got a leg to stand on here. Nothing I've been reading past few days on the matter has given me any positive feeling about the whole process other than playing the waiting game.