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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 981
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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My question regards working status. I’m a US citizen,

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Hello. My question regards ***** ***** I’m a US citizen, resident in the UK with ILR for 24yrs. My ILR stamp is in my expired passport. I was told by a UK immigration official in 2013 that I could either send my passports to the Home Office for the stamp to be transferred at a cost OR that I could present both passports to demonstrate proof of my ILR status. I have chosen this latter option and have worked PAYE jobs as well as self-employed jobs (I’m an actor). Recently this practice was called into question by a lawyer for an employer who eventually was ‘satisfied’ that I could be employed by them, but I don’t know what criteria he used. I’ve decided to apply for naturalisation but here’s my question (finally!) - can I continue to work by presenting my expired passport with ILR stamp along with my valid passport? (While awaiting a decision - I understand that there is a service where you don’t have to hand in your passports.) And if so, is there something concrete I can refer employers to to support this? Thank you!!! Kind Regards, ***** *****
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I haven’t taken any steps yet. I live in the UK - London - and my citizenship is American.
Assistant: Have you talked to a lawyer about the green card?
Customer: No. I already have Indefinite Leave to Remain.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don’t think so, thank you!

Dear Nesba Crenshaw, thanks for your question. As I understand your main question is if you can continue working with your employer while your Naturalisation application is pending in the Home Office?

Whilst your application is pending with the Home Office, your status remains the same, therefore, please do not worry about it. You will be free to continue working with your employer. In addition, at present you do not send your original passports to the Office, meaning that you will have your passports with you at all times. I am sure your employer will be fine with this, if not, you can ask a immigration lawyer to write a letter for your employer stating what I said above and it will be sufficient.

I would appreciate if you can give me a positive 5 star rating if you are satisfied with the answers provided today as it is crucial for me to maintain my services as it stands now.

Thanks in advance!

Although, I am still happy to answer any further questions you may have. Thank you

Customer: replied 1 year ago.
Well my question is a little different and regards ***** ***** employers. I am an actor and am self-employed (while occasionally working PAYE jobs). I recently was cast in a film but the studio lawyer initially was concerned about employing me because my ILR stamp is in my expired passport. I had presented the expired passport with ILR stamp as well as my valid passport without the stamp. To address this issue in future I’ve decided to apply for naturalisation. HOWEVER in the mean time I want to continue to work and want to know if this issue of ILR stamp in my expired passport will prevent me from working. I hope that makes sense? Thank you!
Customer: replied 1 year ago.
I’m happy to give you a 5 star rating!

No it will not prevent you from working, but to avoid complications from your future empowers, because most of them does not know how immigration law works which is totally understandable, you need to either apply to transfer your ILR into BRP card format or obtain British Passport through Naturalisation which you are going to do now anyway.

But in any case, if you will have any problems with your new employers whilst awaiting a decision from the Home Office you can ask a immigration lawyer to write a letter for you on their letterhead to give to your imployers. I will be happy to do it as well if you wish to in the future. Thank you

Customer: replied 1 year ago.
Is there any particular section of immigration law that I can refer new employers to that supports this? Also, I’ve just seen your last response. What do you charge for that sort of letter?

£100 will be charge for the support letter. You need to say that you have a Indefinite Leave to Remain and you have already applied for Naturalisation. Also, section 3C Leave states that your immigration status is maintained while your application is pending with the Home Office. Hope it helps! Thank you

Customer: replied 1 year ago.
Thank you very much!

No problem, please do not forget rating.

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