Indefinite Leave to Remain
If you have successfully applied for Indefinite Leave to Remain (ILR) then you will have the right to live, study and work in the UK permanently. Once you are granted ILR you will be given an ILR endorsement, often in the form of a stamp on your passport. This acts as proof of your settled status.
Migrants with ILR in the UK must undergo right to work checks before their employer can hire them, an ILR endorsement will prove an individuals right to work and this will usually be shown to an employer by providing them with a current passport containing an ILR endorsement.
Having an ILR endorsement on an expired passport can create complications when it comes to working in the UK, it’s important that you have the right documents to prove your settled status.
My ILR stamp stamp is on an expired passport, is it still valid?
If your ILR stamp is on an expired passport then you can use it to travel in and out of the UK, but you will need your current passport as well.
When it comes to proving your right to work, you cannot use an expired passport to do this. Although this used to be possible, in May 2014 the Government amended the regulations governing the right to work checks to prevent illegal working in the UK. Since then endorsements for Indefinite Leave to Remain are required to be in documents which have not expired.
What can I do if my ILR is on an expired passport?
If your stamp is currently in an expired passport, then the best option would usually be to make a No Time Limit application to transfer it to a Biometric Residence Permit (BRP).
A Biometric Residence Permit is a residence permit that holds a migrant’s biographic details, including their name, date and place of birth and their biometric information, including their facial image and fingerprints. The Biometric Residence Permit shows their immigration status and entitlements while they remain in the United Kingdom.
Successful applicants for ILR will now automatically be given a Biometric Residence Permit that makes it easy to prove your right to work. However, if you applied for ILR when this wasn’t the case, you can still apply for a Biometric Residence Permit now.
How to apply for a Biometric Residence Permit
Anyone who’s immigration documents are no longer valid can make an application to the Home Office to update them. As well as having an expired passport, you can also apply for a biometric residence permit if your passport has been lost or stolen.
Individuals with Indefinite Leave to Remain should apply for a biometric residence permit online, using the form on the GOV UK website. It currently costs £229 to apply and you should receive a decision within 6 months.
For a quicker decision you can pay for the super-priority service, this costs £800 and you’ll get a decision by either the next working day if your UKVCAS appointment is on a weekday or within 2 working days if your appointment is on a weekend.
How can I demonstrate my right to work whilst my application is being processed?
You do not need to wait for a decision on your application before being able to demonstrate your right to work.
If your employer needs to carry out a right to work check whilst your application is being processed, then you can contact the Home Office’s Employer Checking Service. They can verify that you have made an application for a BRP and that you have the right to work so that your employment doesn’t have to be delayed.
Can I apply for Indefinite Leave to Remain without a passport?
When applying for Indefinite Leave to Remain you are asked to provide the Home Office with your current valid passport as well as any other previous passports this is to confirm your identity.
However, sometimes applicants do not have a valid passport, and there are several reasons as to why this might be.
Not having a valid passport can make the ILR application process stressful, and you may be worried about it jeopardising your chances of a successful application. However, an expired passport does not mean that your application will be refused and there are alternative documents you can use.
According to Home Office guidance, they are able to exercise discretion and still consider the application if the applicant is able to give good reasons for the absence of a passport. It’s important to note that the applicant will still need to make an effort to provide alternative proof of identity and the reasons for the passport’s absence should be a situation that is out of their control.
How can IAS help?
If your ILR stamp is on an expired passport, then our lawyers are here to help. Each circumstance is different, but our lawyers offer expert advice sessions to discuss your situation with you and offer you the best advice for your individual case. No matter how complex your issue may be, our solicitors have the knowledge to help.
As well as offering advice, our lawyers can also assist you with a BRP application, making sure that you have everything you need for a successful outcome. They will there to guide you through the process every step of the way.
If you don’t yet have Indefinite Leave to Remain, but would like to apply for settlement, then our lawyers can also help. They are highly experienced when it comes to ILR applications and can use their expertise to help you.
To speak to our immigration lawyers today, simply get in touch by calling 0333 305 9375.
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