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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have my Indefinite Leave to Remain in UK endorsed in my

Resolved Question:

Hi,I have my Indefinite Leave to Remain in UK endorsed in my old passport. I am due to start a new job and the employer requires a Biometric Residence Permit. I am eligible for naturalization so a Biometric Residence Permit is wastage of money. If I submit my citizenship application can the home office confirm my right to work in the UK to the employer?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Thomas replied 11 months ago.

Hi,

When did you obtain ILR and on what basis?

Tom

Customer: replied 11 months ago.
6 years ago. HSMP dependent
Customer: replied 11 months ago.
https://www.gov.uk/transfer-visaHere they say you don't need to transfer your visa to travel but for employment check you ILR endorsed in old passport does not satisfy the requirement. This does not make much sense to me.
Expert:  Thomas replied 11 months ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

You can apply for naturalisation as a UK citizen provided that you meet the criteria on the following page:

https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply

Please note I assume you are not married to a UK citizen, but let me know if you are.

If you meet the criteria on the above link then you can naturalise. However, it is expensive (£1236) and it can take up to 6 months to determine (sometimes over).

I was going to post the link that you posted. If you are not minded to naturalise then you would have to apply to transfer to a NTL and receive a BRP in replacement of your current stamp endorsed in your passport.

If you submit your application to naturalise to the home office then they would simply determine the application, they would not write to you in the meantime for the purpose of confirming to your employer unfortunately.

I would decide which is preferable to you and then check with your employer, but it’s likely they’ll prefer for you to apply for a BRP rather than wait the 6 months to naturalise.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

Customer: replied 11 months ago.
I do meet the requirements for naturalization. However, I am due to start my new job in September. I am aware that if I submit my application and my application for Biometric Residence Permit is in process then the home office can confirm to the employer my right to work even if I have not received my Biometric Residence Permit in time.If I submit my application for naturalisation instead then can the home office confirm or not or will I not be able to start a new job until I receive my citizenship in 6 month time.
Expert:  Thomas replied 11 months ago.

The home office does not confirm employments rights after you've submitted an application (whether for NTL BRP or naturalisation) so I would not rely on them doing this.

Your employer could attempt to contact the home office after you've submtted the application to ask if they are willing to confirm your right to work but I would not be confident on the home office actually confirming it (they are there principally to determinate applications rather then consult with employers)

This is why I would check with your employer on what they will accept.

Tom

Customer: replied 11 months ago.
https://www.gov.uk/employee-immigration-employment-statusThe employers use the employee checking service if your application is in process with the home office. The website clearly mentions that the home office can confirm if an application for BRP is submitted provided ILR is endorsed in the old passport. But I can not find info if application is submitted for naturalization.
Customer: replied 11 months ago.
I know that my employer do use this service.
Expert:  Thomas replied 11 months ago.

Hi,

The last time I checked there was not a facility on the ECS if an NTL was in process, but it appears there is now.

There does not appear to be an option to check for naturalisation and so you would be relying on the caseworker being both willing to speak to your employer AND actually being willing to confirm your right to work, which is an undesirable position to be in.

I would apply for NTL/BRP after confirming with your employer

Tom

Customer: replied 11 months ago.
Thank you. This would mean that I will have to pay for both unfortunately.One last thing that I would not be able to submit two applications at a time i.e. will I have to wait for my BRP application to have been processed until I can submit application for naturalization?
Expert:  Thomas replied 11 months ago.

You would have to submit both application separately. First, the BRP, then naturalisation once documents have been returned. Different departments I'm afraid.

Please remember to leave positive feedback..

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and 2 other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for your help.The Home office website does not even mention that you need BRP for employment and just says that you don't have to transfer your visa to travel which is very misleading.

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