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  1. #1
    Old Hand มือเก่า BigRed's Avatar
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    Default BRP Card Application

    My wife got ILR status around 15 years ago. She never followed through with citizenship for various spurious reasons but has now decided it is time for her to work as the children are 15 and 10.

    We have discovered things have moved on and that she needs a Biometric Residence Permit to prove her eligibility to work in the UK. It used to be that an ILR visa in an expired passport was sufficient.

    She has applied for her BRP and sent off her old passport with the ILR in it and subsequent passports showing her not leaving the UK for extended periods. They have responded asking for more proof of continuous residency and she got the local GP to send a letter. They have now asked for further proof with supporting documents covering each two year period since her arrival in the UK.

    She is now getting very worked up about it and wondering if they will try and deport her. This seems totally unreasonable to me as she has met all the requirements up to getting ILR and for all the rules to change without being informed of it then trying to impose some retrospective requirements is disgraceful. At the very least she has now been denied the right to work for 2 months.

    Any comments apart from why didn't she follow through and get citizenship (we've had that discussion and "I told you so" isn't helping me.

    It's a good job I no longer look after the UKBA database.

    PS. Good to see the site still going, I haven't visited for a long time as I felt I had nothing to contribute with my experiences being so out of date, but I see some familiar names are still here.

  2. #2
    Member สมาชิก
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    That's interesting, I kind of expected something to come up & try & hit those immigrants that came before the current nonsense. My wife came here August 2002 & was granted ILR a year after arrival, if there was a requirement to obtain Citizenship it was never communicated to me. She has worked so many years in that time, paid her NI & Tax so this BRP thing is surprising but not unexpected. My wife's employer does things 'by the books' and its never been communicated to me that she needs this.

    I need a Google session to find out more about this. You would have thought that your wife's passports would be proof enough to detail her time in & out of the UK. If this was me I don't know how I could prove that my wife was in the UK when we had young children & she wasn't working - that's a real tough one as I pay all the bills - wow.

    I'm sure it will all be sorted but you can certainly do without it.

  3. #3
    Old Hand มือเก่า BigRed's Avatar
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    I'm sure small businesses would never realise the legal requirements and I believe that the requirement only really exists when you change jobs. I suspect you are only likely to fall foul of it when you apply for a job such as bar staff where the manager doesn't have a clue but the corporate HR team go by the book.

  4. #4
    Premium Member Gary & Nok's Avatar
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    Nok came home the other day and asked me why her friend, who has been here 20 odd years, could not get a job with just her passport showing ILR (the same as Nok did previously).
    I answered her that I'm sure she should be able to with just the ILR.

    I knew the system had changed to this BRP thing but had no idea that anyone before the change would now need to apply for one.

    Yes, she should have gone for Citizenship years ago but her husband (then) never helped her in anything once she arrived here apparently so she has not bothered.

    This friend, who has never returned to Thailand in those 20 years, will have no way of proving she has been here that long and never left. So now will be unable to get a new job and therefore what is she expected to do.

    No replies necessary just throwing in a story that shows how ridiculous the system is.
    Independence Day 31st January 2020

  5. #5
    Old Hand มือเก่า BigRed's Avatar
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    Same situation as my wife then. I would argue in my wifes case that she has passports with no stamps in them, showing she hasn't left the country. It should be up to the UKBA to prove that she hasn't been here. We're still waiting for the response but I guess the next steps are local councillor (who lives in the village), local press, and immigration lawyers (Sheffield has a lot of them).

  6. #6
    Premium Member -Keith-'s Avatar
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    and your local MP.
    If you're offended by any assistance I give, it says far more about you than it does me.

  7. #7
    Moderator Tobias's Avatar
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    Quote Originally Posted by -Keith- View Post
    and your local MP.
    This should be the starting point - make them earn their money!
    Tobias - โทเบียส

  8. #8
    Old Hand มือเก่า BigRed's Avatar
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    Does anyone know if there is a sequence number on Thai passports, I want to be able to show that after the first expired there is a gap with no valid passport then the current one is the next, i.e. there is no missing passport. I can't look at my wife's because they are with the Home Office.

  9. #9
    Old Hand มือเก่า BigRed's Avatar
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    If it helps anyone the caseworkers guidelines are here: https://assets.publishing.service.go...t-v14.0ext.pdf

    and include the text:
    It may not always be clear whether a person has been outside of the UK for morethan 2 years and has lost their indefinite leave. Generally, you can establish a person’s travel history by examining passports (where these have been submittedwith the application). You must look for visas and immigration stamps issued since indefinite leave was granted.In some instances, a person may not be able to submit their passports or travel documents (for example where these have been lost or stolen) or the passports may not show all travel history. In this instance, you must check visa applications.

    The visa applications must be valid for the period covering the absent passport.If the visa applications are not conclusive, then you must contact the applicant to request proof of residence in the UK since indefinite leave was granted (if more than 2 years ago).You do not need to request additional evidence of residency from the applicant if they have travelled outside the UK since they were granted indefinite leave and either:
    • it is clear they have not lost their indefinite leave status as they re-entered the UK within 2 years
    • they were issued indefinite leave less than 2 years ago

    Where you have doubts about the case, you must request evidence of residence from the applicant.

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