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  1. #1
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    Default Wife needs advice.

    Hi, My wife as leave to remain, her passport runs out 17/08/2015 she as applied for new passport on 29/07/2015 as she couldn't get an appointment any earlier.
    Her employers of which she as worked there 12 years and there are now saying she will not be able to work there after 17/08/2015, we have shown them the new passport as been applied for.
    Thanks for any help..
    Last edited by Paul tee nung; 31st Jul 2015 at 14:44. Reason: spelling

  2. #2
    Veteran ผู้มีประสบการณ์
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    They're trying it on!

    If she is on ILR hasn't she got a Biometric card? Surely she hasn't been on extensions of FLR for 12 years?

    What do you mean by applying for a new passport? UK one or Thai?


    Nick

  3. #3
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    As her old passport runs out on 17/08/2015, she went to the Thai embassy on the 29/07/2015 to renew, they said it will take around 4-6 weeks, her work said she can't work there after 17/08/2015...She not have Biometric card as £250 is a joke...as she as her old passport with the ltr in it..

  4. #4
    Moderator Tobias's Avatar
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    prioritypress raises some very valid questions, once we your response it will be easier to offer advice on how to proceed.
    Tobias - โทเบียส

  5. #5
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    I could understand it if she had let her passport run out of date but sh just as to wait until it return iv 4-6 weeks but her company say 17/08/2015is the cut off date, i said her passport is still current we just have to wait for new passport to arrive from Bkk....

  6. #6
    Moderator Tobias's Avatar
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    Paul, what is your wife's immigration status? If she is here on a visa, which visa is it? If her visa is FLR when does that expire?

    Is your wife naturalised as British?
    Tobias - โทเบียส

  7. #7
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    She as Indefinite residence permit.. Thanks for all the advice...

  8. #8
    Premium Member -Keith-'s Avatar
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    The rules for employers changed last year:

    2) on May 16th, 2014, Home office come up with new rule:
    "Under the regulations which came into force on 16 May 2014 you may not accept an expired passport unless it is a UK passport or a passport issued by a member state of the European Economic Area. Expired passports issued by any other country are not acceptable, even if they purport to contain older immigration stamps conferring indefinite leave to enter or remain.This is to strengthen protection against the use of forged documents by illegal workers."

    Without a BRP your wife will not be allowed to transfer the ILR into her new passport, so the first thing to do is apply for a BRP IMMEDIATELY. Then as soon as her new passport is received transfer the ILR. Sorry to say this but that £250 you saved looks bloody expensive now.

    I will add though, that imho your wife's employer is taking an extremely harsh stance on this seeing as she is an existing long standing employee.
    Last edited by -Keith-; 31st Jul 2015 at 17:05.
    If you're offended by any assistance I give, it says far more about you than it does me.

  9. #9
    Moderator Tobias's Avatar
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    Notwithstanding the text quoted by -Keith- above, the employer is wrong to terminate employment in the circumstances reported.

    Those checks are correct for new job applicants but not for those who have no restriction on their right to work in the UK. ILR is ILR and the OP's wife has worked for the same employer for 12 years so there is no issue on identity or the bona fides of the ILR.

    I suggest you ask the employer to contact the government's Employer Helpline on 0300 123 4699 to seek clarification.
    Tobias - โทเบียส

  10. #10
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    Thanks Tobias, much appreciated....thanks

    - - - - - - - u p d a t e d - - - - - - -

    I phoned her employers a stated what you said Tobias, they said they will get back to me...

  11. #11
    Old Hand มือเก่า BigRed's Avatar
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    I've stumbled across this thread by chance. My wife has an ILR visa in an expired passport. We were originally told that as long as you had that passport it was proof of entitlement to work and, if accompanied by a current Thai passport, was sufficient to leave and enter the country.

    It now looks like the BRP is a requirement but no-one has notified us of this. How do we obtain a BRP? the cost is only ~£20 but it looks like we need a letter from the Home Office first. Do we have to apply to have the visa transferred to the current passport?

  12. #12
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    I'll keep you updated....

    - - - - - - - u p d a t e d - - - - - - -

    Hi Big red from what i understand they no longer transfer visa to new passport they need to apply for a biometric card...

  13. #13
    Premium Member -Keith-'s Avatar
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    They do transfer the ILR to new passports but only if the holder has a BRP.
    If you're offended by any assistance I give, it says far more about you than it does me.

  14. #14
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    Tobias is correct.

    If an ILR holder's employers had previously checked the indefinite leave status before, then there is no requirement to recheck.

    Step 1: Acceptable documents:
    List A contains the range of documents which you may accept for a person who has a permanent right to work in the UK. If you conduct the right to work checks correctly before employment begins, you will establish a continuous statutory excuse for the duration of that person’s employment with you. You do not have to conduct any further checks.
    6. When do you conduct checks?:
    If a person provides you with acceptable documents from List A at Annex A there is no restriction on their right to work in the UK, so you establish a continuous statutory excuse for the duration of the person’s employment with you. You are not required to carry out any further checks on this person.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  15. #15
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    They told her she will keep her job after i told them what Tobias had said, they told her at work last night so she very happy....They did say keep your passport updated, which she had anyway but still i don't think they fully understand the rules...Thanks Tobias for the info you gave me and Vinny's confirmation..Duean as been very upset over this as her mom is in a diabetic coma...and as been in floods of tears and was scared she would have no money to help her mom...Thanks all...

  16. #16
    Forum Dinosaur ไดโนเสาร์ Linne's Avatar
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    Paul tee nung, can I suggest you show a little tolerance for the employer, employers are what they are not immigration officers. If it is an SME type employer it gets difficult whilst large organisations get trained HR professionals.
    I hope all goes well.

  17. #17
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    They have 400 employees and 2/3 rd are foreign, so they should no the rules of employment...
    Last edited by Paul tee nung; 2nd Aug 2015 at 13:42.

  18. #18
    Premium Member -Keith-'s Avatar
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    Quote Originally Posted by Linne View Post
    Paul tee nung, can I suggest you show a little tolerance for the employer, employers are what they are not immigration officers. If it is an SME type employer it gets difficult whilst large organisations get trained HR professionals.
    I hope all goes well.
    He has every bloody right to be angry.

    Their ignorance caused a lot of unnecessary worry for the OP and his wife.
    If you're offended by any assistance I give, it says far more about you than it does me.

  19. #19
    Forum Dinosaur ไดโนเสาร์ Linne's Avatar
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    Fair enough

    I was in Tamworth a while ago, looks like a decent place to live.

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by -Keith- View Post
    Their ignorance
    Just another hurdle to jump IF you decide to employ someone.

  20. #20
    Forum Regular สมาชิกประจำ Paul tee nung's Avatar
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    They have 3 places around the country with over 2000 employees, you think would know the rules...

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