UK immigration documentation and the right to employment

Several clients are calling about their right to employment and UK immigration documentation, and specifically the following issues;

  • Employment being terminated for not having a Biometric Residence Permit;
  • Employers saying that the Indefinite Leave to Remain (ILR) in an expired passport is no longer valid for employment;
  • And employers suspending employees as their passports have expired even though the visa remains valid for employment.
  • We also have persons calling about the above issues, who qualify to apply for British citizenship, but simply do not have the money to lodge the application at the British Home Office.

We strongly advise clients of the following regarding immigration documentation;

  • Save up for the British Citizenship application well in advance, so that you are able to pay the UK Home Office fee when you qualify to apply, as this will make life so much easier in terms of employment administration and immigration documentation.
  • It is currently taking about four months to obtain a new South African passport. The transfer of conditions of the visa or ILR will take approximately two more months. Clients should thus be aware of the fact that it could take at least six months to get a new passport with the transfer of the visa and permit, included.
  • We thus strongly advise clients, that even though a visa is valid, despite the passport being expired, it will be well advised to obtain a new passport well in advance of the current ones expiring so that they can do a transfer of conditions if necessary for employment purposes. In this regard, one has to keep in mind that the UK Home Office does charge an additional fee to process the Transfer of conditions.
  • The Biometric residence card is a new introduction in the visa process. Applicants now received a BRP card as confirmation of their visa status. Applicants who applied for their visas before the introduction will not hold a BRP card. Clients do not need to be in possession of a Biometric Residence Permit in order to qualify to work in the UK. However, employers are under the impression that all visa holders should have a BRP card. Should there be doubts in regards to your visa and employment status, clients are welcome to contact us, and we will be able to provide a letter confirming the current employment rules regarding your status in the UK.

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