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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I hold an ILR Visa endorsed on a now expired passport

Resolved Question:

This could be a immigration law question as well.

I hold an ILR Visa endorsed on a now expired passport, so when traveling overseas I carry both my old and new passports. I am a freelancer operating through my own limited (personal services) company. I am an Indian national.

In the past agencies who hired me also asked of ID and address, and also verified my right to work in the UK. (Though I am not sure why - because they are signing a contract with my limited company, not with me as an individual, but that is not the point here).

It had never been an issue as an ILR Visa on an expired passport is still valid.

Recently I have signed a contract with an agency but the compliance team of the agency has asked me to apply Biometric Residence Permit Card, the reason they are citing is that as per new guidelines the combination of "ILR Visa on old passport with a separate current passport" is only valid but no longer valid . Only valid combinations are "Visa on current passport", "Current Immigration Status Document with a proof of NI number" or "Biometric Residence Permit".

https://www.gov.uk/government/publications/preventing-illegal-working-code-of-practice-for-employers. (List A)

I have gone through the document - it does not seem to be a legal requirement, it only provides grounds statutory excuse in case a worker has been illegally employed.

My questions are :

1)Is the scope of economic activity on "ILR Visa on expired passport with a separate current passport" any more restrictive that "ILR Visa on current passport" or "Biometric Residence Permit", or is it illegal to work without transferring the ILR Visa to current passport or to a BRP.

2)Is there any substantial benefit of transferring the ILR Visa from expired passport to a BPR other than helping potential employers complying with guidelines (I am not keen to apply unless I have to of my own)

3)This is just curiosity - why would "ILR Visa on expired passport with a separate current passport" combination be excluded from the guidelines.

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
,
I would answer you as follows:
1) your ILR status is unless it is revoked by the immigration authorities. It does not make any difference if it is in an old passport or a current passport, you are entitled to work irrespective without any restriction.
2) no.
3) I am afraid this is an internal matter Home Office which I do not know why they have excluded, perhaps to help employers check less documents.
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