Confusion with ancestry visa on expired passport/ ILR

[markb1207]

Hello everyone,

I am writing on behalf of my girlfriend who is just about to have a nervous breakdown with this excruciating process!

She is a New Zealander and has been here nearly five years on a UK ancestry visa. This expires on 22nd August 2017 and she will be applying for ILR.

Her current visa is on an expired passport and we began the Transfer of Conditions process along with the biometrics to move the visa on to her new passport, as the rules apparently changed recently with regards to employment. But the issue we are facing is: if the TOC and biometrics process can take 4-6 months to complete then will she not be able to start the application for ILR until this has completed, thus meaning she is unable to continue working during this time?

We haven't sent off the forms yet but are concerned whether this will affect her ILR application. If she can start applying for ILR next month and her right to work was carried out before the rules changed, is it safe to not bother with the Transfer of Conditions and just wait a month to begin the ILR application, even though her current ancestry visa is on an expired passport?

Any help you can give will be hugely appreciated as we have had no luck reaching a human being on the phone!

Thank you,

Mark

[MrSlyFox]

HI,
You can continue to work while you have a valid application with the Home Office (provided you applied prior to the visa expiring). If you apply for ILR you can continue to work till the application is decided. Her Entry Clearance is proof of her right to work while it is vaild.

- https://www.gov.uk/employee-immigration ... ent-status

Right to work Documents (page 21 - Employer checking service - Entry Clearance page 19) -
https://www.gov.uk/government/uploads/s ... nts_v5.pdf

If she is not changing jobs and the right-to-work checks have already taken place then I would wait till she is eligible to apply for ILR given the date is so close is would be much cheaper.

[markb1207]

Ok, thanks so much for your help

[jjr40]

Hi I'm in exactly the same position. My Ancestry visa is in my old passport and expires 9 August. I'm in the same job I have had for the past three years and will hopefully continue to be in if my application for ILR is successful, is it ok for me to wait for my application rather than transferring my visa into my new passport?

[Char-r]

Hello

Does anyone have advice regarding this? I have an ILR appointment this month and am worried that my ancestry visa is in my expired passport. Should I have applied for a brp?

Thanks
Char!

[CR001]

Hello

Does anyone have advice regarding this? I have an ILR appointment this month and am worried that my ancestry visa is in my expired passport. Should I have applied for a brp?

Thanks
Char!

It is not an issue and no you do not have to apply for a BRP card.

Kindly also start your own topic rather than tagging onto one that is a year old. Thanks.