Biometric Residence Permit req't? (+ Transfer of Conditions)

[wclark1238]

As time rolls along more and more of us are going to find out about this change in Home Office guidance/rules.

My situation - US citizen, have lived in the UK since 1972, granted ILtR in 1973 (aged 11). Have never had any dramas travelling in and out of UK. Changed jobs in June, happily new employer did not explore my right to work in the UK however after a few weeks in the role I realised it was a poor fit for me. I went to an employment agency to sign up for some alternative work and was rejected due to my inability to prove my status as eligible to work. I was dumbfounded (having lived/worked here for >40 years) but did my own research to verify that the agency were merely applying the latest HO guidance.

I submitted my NTL/BRP application a couple of weeks ago and await developments - I could not justify the extra expense for a premium appointment so am going through 'normal' channels. Money taken within a day or two of my application being delivered to Durham so hopefully it'll progress through the system speedily and I can get working again (having quit my [hated] previous job).

Anyway, it appears that a small subset of migrants are being caught up in this transitionary period where the new requirements are not well understood by many. I feel deeply for those impacted who, through no fault of their own, find themselves unable to work in circumstances where they really need the money. Happily I can cope for several months without an income while I wait for the wheels to turn to get my BRP but there surely will be others who will suffer hardship because of this.

[ukgirl]

Hi Chickpea

I only found out I needed a biometric card when I showed my passport to a new employer as part of their routine "new employee" checks.

The employer contacted the HO helpline after completing an online form for employees who do not have a UK passport. It was only then that the employer realised that the legislation had changed (i.e. need for a biometric card). This is an employer of over 3000 employees.

By this time (having been offered the job) I had resigned and was working my notice period.

The HO admitted to me that "a lot of people such as myself (who have been living and working here for decades) had been caught unawares".

It has been a dreadful experience not helped by the need to have my passport back in order to travel to my home country to visit sick relatives.

If I withdraw my application (to get my passport back from the HO), I not only lose the fee but have to start the process again. From reading the website posts, it seems that since the election the processing time for applications has increased by several months. I have a deadline (HO imposed) where I have to show my employer my biometric card, but the HO will not expedite the application process or even give me a timescale.

I urge others who may read this post to think again about submitting a postal application.

[chickpea]

...
I only found out I needed a biometric card when I showed my passport to a new employer as part of their routine "new employee" checks.

The employer contacted the HO helpline after completing an online form for employees who do not have a UK passport. It was only then that the employer realised that the legislation had changed (i.e. need for a biometric card). This is an employer of over 3000 employees.

By this time (having been offered the job) I had resigned and was working my notice period.

The HO admitted to me that "a lot of people such as myself (who have been living and working here for decades) had been caught unawares".

It has been a dreadful experience not helped by the need to have my passport back in order to travel to my home country to visit sick relatives.

If I withdraw my application (to get my passport back from the HO), I not only lose the fee but have to start the process again. From reading the website posts, it seems that since the election the processing time for applications has increased by several months. I have a deadline (HO imposed) where I have to show my employer my biometric card, but the HO will not expedite the application process or even give me a timescale.

I urge others who may read this post to think again about submitting a postal application.

Sounds like your experience was similar to mine, only problem for me was that the new employer had not bothered to tell me (they too are a huge employer) when they first had my documentation in late June, so after I started on 1st September they stopped me working. By then I had long since given notice and stopped working, meaning I then - because the new employer wouldn't allow me to work, though clearly legal - spent almost a month unemployed!

Did your new employer allow you to work? Mine claimed the HO said I couldn't, but for me in two calls and one Premium appointment the HO told me I should be able to continue working. REALLY upset still about all this.

As someone said in another thread somewhere around here, there are millions of us that could fall into this legislative hole - all it takes is changing jobs. I know I need to write my MP about it and I think you said above that you had done so. I encourage all in this situation to do so too! I also hope to get an address to write the HO for clarification.

So sorry your wait is so long and I hope you will post here the total timeframe! I considered saving the money but not knowing how much salary I would lose I ended up borrowing from a relative to cover it.

[ukgirl]

Hi again
My new employer only allowed me to work after my MP intervened.

The HR department staff rang the help line for employers several times but was given incorrect and conflicting information.

By this time I had worked my notice period so like you was getting desperate! MP's have a "hot line" to the Home Office, so it is worth while telephoning/emailing your MP to ask for help.

My MP was able to confirm that I was entitled to work and eventually the HR department got the information they needed to allow me to start work, on the understanding that I had to produce my biometric card within six months otherwise I could not be employed.

Fingers crossed for a quick turnaround?

[chickpea]

Adding this information because someone asked via PM and it seems the PM didn't go anywhere.

For my TOC application they were unclear which documents were required, they only give a list of potential docs you can submit. Hence I sent (took with me actually) - if I remember correctly, these:

A printed statement from my bank (had it mailed to me)
A letter from my employer confirming my employment and my NI number
A letter from my GP confirming registration with them
Both passports and new photos (not used on the BRP card, oddly)

I think that's all. Hope this helps!

[namkie90]

Hi I apologise in advance for the multiple postings and should have asked this sooner but as a person under tier 4 general wit leave expiring February 2017, do I need to transfer my remaiming leave onto a BRP before I even get an offer of sponsor ship from an employer ? I applied for my tier 4 visa before they rolled out the BRP so my visa was an entry clearance sticker on my old passport I renewed my passport in June 2016. I'm worried about sending both my passports by postal application and the in person application option is too expensive I don't want to do it that way unless it's the only option left. Could someone please help me out and clarify this? If as a tier 4 student I apply to jobs with a view to being sponsored under tier 2 do I even need to transfer my remaining tier 4 leave on to a brp? If yes how long does it take by post if I send it today or tomorrow. ..

[chickpea]

Hi I apologise in advance for the multiple postings and should have asked this sooner but as a person under tier 4 general wit leave expiring February 2017, do I need to transfer my remaiming leave onto a BRP before I even get an offer of sponsor ship from an employer ? I applied for my tier 4 visa before they rolled out the BRP so my visa was an entry clearance sticker on my old passport I renewed my passport in June 2016. I'm worried about sending both my passports by postal application and the in person application option is too expensive I don't want to do it that way unless it's the only option left. Could someone please help me out and clarify this? If as a tier 4 student I apply to jobs with a view to being sponsored under tier 2 do I even need to transfer my remaining tier 4 leave on to a brp? If yes how long does it take by post if I send it today or tomorrow. ..

Hello namkie90, I'll answer from my experience and perhaps others might answer with their experience.

Simply, I think yes, you will need to do a TOC and get a BRP. As I understand from the HO the employer MUST see a BRP at the interview stage to verify your eligibility for employment. A passport with valid visa is no longer an option for this. It is very odd no one told you this when you got the visa. (I think you did that after April 2015? Which is when I was told it was fully enforced.)

My experience was that the employer refused to honor my contract (though never rescinded it) because I did not have BRP. They didn't care that it was their responsibility to have checked it long before I started, at the interview stage. (I had to get a premium appt, wait two weeks and then wait for the BRP to me mailed.)

Yes, the premium appointment is expensive and frustrating. However, it is the only way to avoid sending away your passport etc and waiting for everything to come back in 8 weeks. Currently I am job hunting and I need to renew my visa and I will have to pay for the premium appointment - otherwise should I get a job interview or offer they can refuse to hire me if I have no proof of eligibility.

Sorry my answer isn't probably what you hoped to hear. Good luck with it!

[namkie90]

Hi Chickpea,
sorry I missed your response, thank you so much for reverting !
I'm presently hunting for full-time work and my current leave expires in 2017. Yes, as far as I am aware, the BRP was rolled out after 1st August 2015 and my tier-4 application was made before this, with decision received July 31st 2015 so yeah I never had a BRP but some of my uni friends do. As per my understanding the employer cannot refuse to issue you with a CoS reference just because you don't have the BRP at the time of interview but you will still need to make an application for it before you start actual work. so in a way the employer sort of discriminated by not providing you with all this information beforehand I think?

If I may ask how do I go about making a premium appointment at the center? i know payment is made in person but how do I get an appointment, by phoning in or is there a form that I missed online? If there's a link I'd appreciate being pointed to it.

[chickpea]

As per my understanding the employer cannot refuse to issue you with a CoS reference just because you don't have the BRP at the time of interview but you will still need to make an application for it before you start actual work. so in a way the employer sort of discriminated by not providing you with all this information beforehand I think?

According to every person I spoke to at the Home Office (HO) it was the employer's responsibility to be sure I had correct documentation at "point of recruitment" so either interview or offer of contract. They did neither. I could have got them into hot water but needed the job! See also upthread (above) where someone else had the same happen but got their MP involved to force the employer to accept that they had 6 months to obtain the BRP. I wish I had done that! The interpretation really will vary by employer. The law is actually unclear!

If I may ask how do I go about making a premium appointment at the center? i know payment is made in person but how do I get an appointment, by phoning in or is there a form that I missed online? If there's a link I'd appreciate being pointed to it.

You start on the TOC page here https://www.gov.uk/transfer-visa and then under "in the UK" click on the link that says apply in person at a premium service centre (when you do you will pay for BOTH the premium fee and the fee for the TOC together up front not at the centre, you pay before it confirms the appointment even). Hope this helps.