ILR on an expired passport, currently working

[Raina6]

Hi,

I recently found out that in 2014 they have changed the rules for ILR on an expired passport.
My ILR is on my expired passport and I started working in the UK after graduating from University last year (2016). It looks like my company and myself was not aware of the changes back in 2014.
I understand that i have the right to Live in the UK but not Work in the Uk is that correct?

I need to fly to Asia for 21weeks next month to attend a family funeral so I do not have time to transfer my ILR to the BRP card(as I need to send in my passport).

My question is will they check me i.e. employment that I am not allowed to work because of my ILR on expired passport and then fine my workplace(I lose my job too) when I come back into the country? Or do they only check the right to live in the UK?

I will apply for the card to transfer my ILR but it will have to wait until I get back as my flights are already booked. I have passed my life in the UK test last December and will be applying for British Citizen once I transferred my ILR to the card.

Appreciate the advice, thanks

[vinny]

Did your employers check your ILR in an unexpired passport when you initially started working for them?

[Raina6]

Sorry, no they checked an expired passport with a ILR in it,

[vinny]

I believe that as an ILR holder, you do have the right to reside and work, unless your ILR was revoked, cancelled, or lapsed. A NTL BRP only confirms your status.

Unfortunately, your employers may not have a statutory excuse against a penalty, if they didn't check your documents properly. But would the UKVI actually impose a penalty on them?

[Raina6]

Thanks Vinny,

My main concern is will they check this once i enter back in the country after 1 week from Asia as i am not familiar with the checks upon entry in the UK. i.e realise my ILR is on expired passport and realise i am working, I just don't want to lose my job.

[vinny]

I think an Immigration Officer's primary concern is that you satisfy the requirements of a Returning resident. As a Returning resident, you have the right to work (8), regardless of your employer's lack of statutory excuses against a penalty. Although the Immigration Officer's date stamp is insufficient for employers, it may make it less likely for the UKVI to chase and impose a penalty on your employers.