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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Issue with right to work under my IDLR

Customer Question

I've been living in the UK for going on 13 years. I have a indefinite leave to remain through marriage which is currently in my old passport. The law states that I do not need to move this VISA from the old passport to the new PBR card if I don't want to. I seem to have an employer who is telling me that due to my VISA being in my old passport it is not valid and therefore I cannot work in the UK, which is ridiculous as I've paid taxes get P45's and I'm a director of a UK limited company! Because the work qualification website asks 4 questions and the last one says, your visa is in a "current" passport, mine is in my old passport, he is telling me I need to get a PBR card and can't work until then. Based on my review there is no need to do this as the immigration law states I do not have to move my VISA to a new passport or get a PBR card. Your help or the regs would be most helpful. thanks, Neal

add: I've had my IDLR since July 2003 and so not effected by the change in law in 2015. I've also read that you do not need to transfer your IDLR to a BPR as it's not mandatory.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Yes, you are correct, you do not need to do anything as it is not mandatory to apply for a BRP. Your ILR status remains intact.
The problem is proving this and the Home Office guidance does not help by providing that ILR should be in a current passport.
In fact, there is no requirement to renew your passport as well if it has expired.
You may ask your employer to call the home office to establish your eligibility to work in the UK or you may bite the bullet and apply for a NTL BRP to save you the hassle of being questioned about your status. Or you may also apply for British Citizenship.
All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks exactly what I expected. As I'm an American I have a valid passport an carry both.

Expert:  UKSolicitorJA replied 2 years ago.
Welcome