Tier 5 YMB - Valid Visa in Expired Passport, TOC & Working

[travel2759]

~DESPARATELY SEEKING ADVICE~ RE: Tier 5 Youth Mobility Visas, Expired Passports, Transfer of Conditions Applications & Working without a Biometric Residence Permit.

Unfortunately I have found myself in an extremely difficult situation after returning to the UK after one year last month. A number of unique factors have now lead to a very confusing turn of events, so I desperately need some expert advice. it's a long story so please bear with me as I start from the beginning...

I was issued with a Tier 5 Youth Mobility Visa in March of 2015. This was BEFORE the biometric residence permit requirement, therefore the vignette/visa in my passport is valid until June 2017. However, the passport that my visa was issued in was due to expire in July of this year (2016) only one year after the visa started. I read up on the situation before I left New Zealand for the UK last year, and it was confirmed that I could apply for a new passport whilst in the UK and transfer my visa across to a new passport (although rather expensive, it was possible). I didn't apply for a new passport prior to travelling to the UK as it would have been an extra expense I could not afford at the time. I arrived in the UK with no issues in June 2015 intending to live and work for two years, however due to the sudden death of a close family member I found myself back in NZ/Australia after only 3 weeks in the UK. It took a huge chunk of my savings to return as well as help my family with money, so I decided to work in Australia until I could afford to return to the UK.

Fast forward a year, I obtained a new passport and planned out my return to the UK with one year remaining on my visa. Prior to returning, I contacted a UK Visas helpline regarding the fact that my current visa was now in an expired passport. I was informed not to worry and that as long as I travel with both the old and new passport together, I would not come across any issues. Unfortunately I took that information as gospel.

I am now in London after returning to the UK late July. Somehow I had not heard anything about the biometric residence permits (the UK GOV do not inform you directly of changes, however expect you to stay informed) until a friend mentioned it once I had already arrived. My friend, who has been in the UK since last year and also does not hold a BRP, advised me that as long as the vignette in our original visas had not expired, we do not require a BRP to work. I was glad to get confirmation of this and began registering with employment agencies to obtain temp work.

Just a few weeks ago I registered with an agency, provided both my old and new passport with the current visa, all of my personal information, and was able to obtain a temp job within a few days. I accepted the role and began working. HOWEVER very recently I decided to register with another agency as well in case they were able to offer me higher paying temp work. Upon arriving to register with this agency, they quickly advised me that because my Tier 5 YMB is within an expired passport, they would not be able to register me and that legally I should not be working until I obtain a BRP. I advised them that I had never been informed of this previously. They empathised with me agreeing that this important information is not made readily available to anyone. After researching the topic, I found out that because I am already in the UK, I needed to apply for a Transfer of Conditions (or TOC). A TOC application costs 223 pounds via post, takes at least 8 weeks to process and will replace your expired passport visa with a BRP. I quickly completed the form, paid and sent of my application by post. This brings me to the current day and the current predicament I am in.

Am I legally allowed to be working in the UK during the TOC application process? this information is very hard to come by online, and I am really afraid that if I contact the Home Office to ask, I will be in a lot of trouble. I started this job BEFORE knowing all of this information, and now have no idea what to do. I also don't want to speak with the company I am working for, in case they think I have lied to them or the employment agency whilst applying. I need advice desperately....has anyone been in a similar situation or know of anyone who has?

PLEASE HELP!!!

[vinny]

Although you are legally allowed to work, new employers may be reluctant to employ you without confirmation from the Home Office.

[Frontier Mole]

There is a particular circumstance where a passport has to be valid to confer the right to work. That is where there is a right of abode endorsement.

A PBS old style in passport vignette visa confers a right to work regardless of the validity of the passport.

The agency that refused to accept you on their books is taking the no risk approach, which is their choice.

You have the right to remain / work up until the expiry date of the visa.

[vinny]

There is a particular circumstance where a passport has to be valid to confer the right to work. That is where there is a right of abode endorsement.

Similar to a valid British passport, I think a valid foreign passport with a CoE-RoA doesn't actually confer anything, including the right to work. It is evidence of the holder's inherent status and provides employers with a statutory excuse against fines for providing illegal employment.