Right to work - British Born on Dependant ILR

[notmelvn]

Kind of stupid to be ignorant on immigration status but I'm born, studied, and lived in the UK. Born in 1992, and I'm under my parents ILR document when they applied in 2002. I have a Malaysian passport, but I have never left the country for long term aside from small holiday trips.

I've been able to get work before by providing my birth certificate(UK born), passport (Malaysian), and the ILR document with me as a dependant. Not sure if this was legal? I havn't registered for any online identity checks so I can't check on gov.uk

I've recently been made redundant but I'm unsure if I'm still able to use this as valid proof as the right to work in the UK, can someone confirm?

Are there other was to prove I'm able to work or would I have to apply for visa or something else?

In the near future I'll probably apply for citizenship.

[vinny]

If a parent was British or had ILR when you were born, then you are automatically British.

Else, you are entitled to register under Section 1(4) after your 10th birthday. Or you may also apply for NTL for free.

See also Quietly passing statutory instruments is no way to legislate on migrants’ rights.

[notmelvn]

Ok, so just to confirm. I was born before my parents had the ILR, so I was a dependant on my parents ILR at probably the age of 12, given this I probably am not British. I currently do not have any proof on my renewed passport to have ILR so I may be unable to apply for BRP/NTL.

So the only option is to register, given this could be up to 6 months? Are these the only options to prove the right to work? I've essentially screwed myself over especially in these times then.

[vinny]

I’m afraid so. Registering is probably the best option.

[vinny]

But then you may lose your Malaysian citizenship?

[notmelvn]

I'll probably have to rummage around, but if I have ILR on an expired passport not even sure my child passport may have this, would this be able to suffice to apply for the BRP?

I do not associate as a Malaysian since I'm pretty much raised here, only been to malaysia twice young.

[vinny]

Yes.

[vinny]

How did the Immigration Officer last admit you into the UK?

[notmelvn]

So, just to recap.

ILR vignette on expired passport - BRP applicable
ILR document only as a child dependant from parent, expired passport with no ILR vignette - BRP not applicable

[notmelvn]

How did the Immigration Officer last admit you into the UK?

Honestly I have no clue, I have not left since I was 12. Foggy memory. I guess I relied on my parents ILR document. Having used that before to get a job for 7 years, now being made redundant. Not sure what to do to prove right to work.

[vinny]

Require Digital proof now.

[notmelvn]

Could in theory, since I'm a skilled worker, would it be possible to apply for the skilled worker visa quickly? Kind of weird since I'm basically provide UK documents that I'm here.

Just trying to get some cashflow running through this time.

[vinny]

No. If you have ILR, then I think you shouldn’t apply for leave. At best, they may consider it to be a void or inappropriate application. At worst, everyone may be confused into thinking that you are overstaying, etc!

[notmelvn]

The problem here for me since I don't know too much about it all, is the document for ILR is died to my mothers settled status, so both my mother and my name (me as dependant) is on the document. Is this still a valid proof for ILR? Mildly panicking at the moment.

[vinny]

If you are named on it, then I think it’s valid proof of grant of ILR. It may also be helpful, but unnecessary, for registration under Section 1(4). Don’t panic.

Check also your old passports’ endorsements on entry.

[notmelvn]

Thank you kind person. From what I've read so far, it seems like I'll be able to register pending Life in UK Test.

In the short term it looks like the ILR document is still a valid proof for manually checking the right to work. I can't seem to find anything online that explitly state that right to work checks are fully digital.

[vinny]

I don’t think that KoLL is a requirement for registrations under Section1(4).

[notmelvn]

I skipped over this document thinking it was for children, my bad, this will be interesting. Considering this is almost 2 decades too late, I'm not sure letters I have will be elidgible, I mostly only have my certifications from schooling, that is unfortunate.

[vinny]

Schools certificates are helpful to show that you were at school during term times, etc. Do you have any old passports from birth until 10?

[notmelvn]

Yes, I have all passports since birth, infant doctors booklet, certificates from primary, and secondary school. Not sure if I'm able to get a record of my history from the NHS.

[notmelvn]

Anyway, it looks like for the short term I can continue to work if explicitly proving my right to work using ILR + Passport, I would'nt necessarily have to wait potentially 6 months, in the prospects of finding a job after.

[vinny]

Passports’ entry and exit stamps may help show that you were not absent for too long.

[notmelvn]

Yup, I shouldn't have much issue around proving that I've not left since 2004. It's just the documents around proving my stay. Much easier as an adult with all the P60's I have lying around.

[vinny]

Under Section 1(4), it’s the excess absences between birth and age 10 that matter.

[notmelvn]

Right, it looks like this can be done via an online form now as to post.

Seems seems a bit straight forward, providing the passports are pretty much for key evidence in this case?