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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My daughter is a Thai National, she was granted Permanent

Customer Question

My daughter is a Thai National, she was granted Permanent Residence with ILR in 2005.

She has just applied for and been accepted a job. The company are now saying that they cant employ her until she has her visa transferred to her new passport,,, even though she can leave and enter the UK with her old Visa and current passport.

Is this change correct?

Does this change affect entry and exit from the UK?

Thank you

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Although she is lawfully entitled to live and work in the UK on her ILR status and there is no legal requirement to transfer ILR to a new passport, Home Office guidance states that ILR must be on current passport hence the confusion with her employer.
So, she may ask her employer to confirm with the HOme Office that she is entitled to work and it does not affect entry and exit from the UK.
All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your answer, I don't at this moment to know how good your advice of understanding of the guidance is.
I will find out after her prospective employer has an answer from the HO, if they can be bothered to enquire.
I will write to the HO myself for clear direction on their guidance.
It seems to me that if what you are stating us correct With regards ***** ***** and work the HO must be acting unlawfully or at least unfairly by implementing their guidance!
It really was not easy for me to obtain ILR for my daughter, I had to provide in depth evidence of my financial situation, proof of providing an adequate home as well as other evidence on various personal status.
The above is not a matter that I require or expect an answer from you, it is merely my thoughts and plan to act on your last advice
Thank you
Kind Regards
Chris Carlier
Expert:  UKSolicitorJA replied 2 years ago.
Cheers Chris,
Remember guidance is just that, guidance. It is not the law and the law states that your daughter is an ILR holder and therefore settled in the UK.
All the best
Customer: replied 2 years ago.

Thank you very much for your answer, it is really very helpful.

I will do some letter writing, phoning, emailing and be generally irritating as I believe the guidance is driven by playing the immigration numbers game,, as usual it hits the wrong people in the main!

I am sure there is very impelling behind closed doors governmental force placed on large employers to abide by the guidance!

Thank you once again

Kind Regards

Chris Carlier