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ILR transfer to BRP from expired passport - advice needed

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JTR
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Joined: Fri Jun 26, 2015 7:00 pm

ILR transfer to BRP from expired passport - advice needed

Post by JTR » Sun Jun 10, 2018 10:13 am

Hi all

I got ILR via ancestry in 2003 and have lived and worked in UK since 1998. Although I have been entitled to apply for citizenship I didn't for various reasons. I got a new South African passport in 2011 and didn't transfer my ILR to remain over to my new at the time due to cost and due to the fact that I was intending to apply for citizenship so (I thought) it was not necessary. I checked Home Office and I could travel on both. I was never aware of the change in law in 2014 and that I needed to transfer to a BRP. I was in the same employment from 2010 to March 2018. A large firm that does regular (yearly) right to work checks as employs many foreign nationals. They saw my ILR in my expired passport did the checks and they didn't pick up on new legislation so I never knew any different. I left my job in March and registered for temporary work. I was pulled out of work from my temp job on 2nd day to having no right to work in the UK. Needless to say rather devastated and upset as been working & living here for 20 years. However that isn't my concern. I have booked a premier appointment where you go in in person and dont hand in your passport and get your BRP in 7 days. I need to fill in a NTL (No Time Limit) form. On this from they ask if you have had a civil judgement against you. I have. In 2015 I declared myself bankrupt. And just prior to that I had a CCJ. I am getting really worried. I realised when I applied for bankruptcy I wouldnt be able to apply for citizenship for 10 years but was okay with that as had ILR, well not okay but in my situation seemed right choice at that time. I know they don't revoke your your ILR because you went bankrupt they would only (I believe) do that for serious crimes. However what is concerning me is that they are asking the question. Why? I am not applying for ILR I am just applying to have my existing ILR transferred so surely they would only ask questions that would affect my application to have it transferred over? any help would be greatly appreciated - particularly if anyone has been in a similar situation. I am just getting really worried there are going to be issues particularly with this hostile environment at the moment with regards immigration. Thanks so much. :)

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