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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi there,I have a Permanent Residence Card in my passport

Customer Question

Hi there,
I have a Permanent Residence Card in my passport that allows me to work in the UK. I am now applying for another role and the recruter has informed me that "I am writing to you today to provide you with some information regarding your Right to Work. In May 2014, the UK Border Agency changed its regulations and as such it is now required for Visa’s to be within current passports. It has been noted that your Entry Clearance Visa is not within your current passport and therefore you will need to have this transferred to your current passport before you are able to have Right to Work within the UK."
----Q. Please could you confirm if the above is applicable to Permanent Residence Cards or only to Visas? are they the same?
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

As far as I am aware, the recruiter is talking nonsense, there is no such requirement to transfer visas or permanent residence cards from old passports to new passports.

See here for confirmation of my answer:

https://www.gov.uk/transfer-visa

All the best
Customer: replied 2 years ago.
Customeronly

Thanks for your answer. The recruiter responded to me that "

There has been a change in policy, which requires the current passport document number to match the visa document number.

Your passport number does not match the document number on your Visa.

Although it is stamped into your current passport the Visa corresponds to your previous passport.

This is required for the new regulations issued by the Home Office."

Q. - Please could you advise if this regulation applies to my residence card and if this will affect my right to work?

Many thanks,

Isela

Expert:  UKSolicitorJA replied 2 years ago.
Like I said, I do not know what your recruiter is talking about. You should ask him to show you this new policy as it should not affect your residence card and your right to work.

all the best
Customer: replied 2 years ago.
Customeronly

Hi, the new recruiter gave me the date the Regulation came into place 16th of May 2014. With this I called the UK Border Agency and they confirmed I will not be able to go to another job with my current permanent residence card as I need either for my current passport number to match the passport number in the residence card or to obtain and Biometric Card.

Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Your permanent residence status is not affected as you remain a permanent resident even though you have a new passport. This is a fact. In law, you are fully entitled to work in the UK and do not require a new card.
However. If the recruiters insist that you obtain a new card, then I am afraid you have no option but to comply with them to secure your job. I am afraid the UK Border Agency staff are not lawyers and are not qualified to advise on the law.
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Customeronly

Thanks, ***** ***** the Home Office and complaint on the recruitment agency interpretation of the regulations and how with their decision potentially affecting my right to work. HO sent me an email confirming my right to work and were happy to speak directly to the recruitment.

Many thanks for your time and guidance on this.

Isela

Expert:  UKSolicitorJA replied 2 years ago.
Good to hear it all ended well.

All the best

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