Hello All,
I share the same sentiments as I was refused a job offer last month because I do not have a BRP. Just to inform you that I have raised my concerns with my current MP as well as Ms Diane Abbot, who is the current Shadow Home Secretary. Just bear in mind that BRP came into play in 2008. As most of us here, got the ILR prior to the introduction of BRP, had the right to work status and were given settlement status as stated in the expired passport. We all obeyed and followed the law in obtaining the ILR when it was set at that time of the application and paid accordingly. Hence, with the UKVI imposition since May 2014, where it states the ILR must be in “current” passport for work purposes. Prior to May 2014, there was no such thing as “current”. I have raised this concern as it is very unjust and my human rights have been taken away under the ECHR (European Commision of Human Rights) by this imposition by UKVI. Now, with the NTL application, not only one has to pay £237 currently, but it has an expiry date of 10 years or less and one has to pay again upon renewal, despite ILR does not expire. This will be a never ending payment till one stops work and the BRP expires every 10 years. Unless, one wants to get a British citizenship.
Anyway, below are some points I have raised to my MP and Ms Abbot. Please raise your issues with your MP if you can as this is affecting many people in similar grounds, which is very unjust.
“I refer to the below website regarding the ILR in previous passport and one do not have to apply for a BRP.
https://www.gov.uk/transfer-visa
Below is right to work document and may I refer you to List A on point 6 on page 24.
https://www.gov.uk/government/uploads/s ... .pdf#page2
Point 6 indicates that:
“A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.”
Hence, when the immigration officers endorsed VIPP or ILR in previous passport and then stamped my current passport, doesn’t this meet the requirement above?
The word “current” came into effect from May 2014 under the new UKVI legal to work UK requirement. Prior to that, it did not have “current”, which applied to people like myself prior to the introduction of a BRP in 2008.
Now, no employer wants to employ me because I do not have a BRP and I am classified as an illegal worker if they employ me and they will get a fine from UKVI if they do so. This is SO unjust on people like us who has contributed to the UK economy, paid my taxes and contributed to national insurance for more than 16 years. Also, as we have the right to vote and a legal resident of the UK , the right to work should not have different set of rules set by the government for us.
My ILR settlement status is in my previous passport but this is a valid imigration document to enter and stay in the UK and I have a NIN number. Perhaps, to avoid confusion and misunderstanding to future employers and employees, the UKVI could have said a “valid” document rather than “current” or remain as it was prior to May 2014, which has cost me to lose a job on Monday, 19 Feb 2018 and will be not be employable anymore in the UK. This was because I no longer meet the employers work check and I am classified as a illegal worker and the employer will be subject to a civil penalty according to UKVI, which is £20000. I find this so unjust, discriminated and feel my human rights have been taken away from this imposition by UKVI, where I already have an ILR and right to work resident permit prior to the introduction of BRP.
If we are allowed to enter the UK with a valid ILR in previous passport and endorsed by the immigration officer in current passport as VIPP, isn’t this enough to legally work in the UK as well?
I refer to some links as below to people who are affected by this imposition by UKVI. These are just some but not exhaustive as there are many like us being affected by this issue and we hope the government will change this ASAP.”
http://www.bbc.co.uk/news/uk-england-devon-42331635
https://www.whatdotheyknow.com/request/ ... k#followup
https://www.whatdotheyknow.com/request/ ... ce_for_rig
My MP’s secretary had called me twice and said that this will be an issue to be raised to the government. Will be meeting my MP in the coming week. One of the things, the secretary mentioned was that perhaps, the HO should have mentioned or put a clause for right to work, the changes does not apply to people who have ILR prior to the introduction of BRP in 2008. These are matters for MPs to discuss to make the change happen.
All the best everyone but please, don’t give up your rights as we have not done anything wrong and have abide by the rules set by HO when we applied for our ILR prior to the introduction of BRP and right to work prior to changes from May 2014.
BW,
AM
