help please regarding biometric card and current employment.

16
Found 9th Oct 2015
I'll try and be a clear as possible but this is a new one for me.

my hubby has just come back from abroad after 15 days visiting his parents on unpaid leave agreed by his supervisor and manager. The company he works for periodically do checks to see if you are eligible to work in the UK. tonight was his 3rd night back at work after his holiday and he'd been told to bring in his passport for Eligibility checks which he did. He was then told he can't continue to work until he has a biometric card.

He was granted indefinite leave to remain in the UK back in 2002 and the sticker saying so is in an expired passport. now after googling I understand that if the sticker was in his current passport then he didn't need the biometric card but as it's not he needs to apply for it.

my main question though is it illegal for him to work until he gets the card as he's been told until he doesn't get it he's again on unpaid leave which we can't afford. or is the company just using this as a way to not pay him for a few weeks until he gets the card? Secondly does the card need renewing every time he gets a new passport this costing £620 or there abouts every 10 years.
can't he just get the ilr sticker on his new passport instead of getting a biometric card.

when did the law come into effect as this is the first I've heard of it.

Thank you in advance as the Internet seems to just be repeating the same thing on every page I click on, and the members of hukd seem to have a wealth of knowledge and can be incredibly helpful.

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16 Comments

Original Poster

sorry that's £260 not £620

620 per person has to be paid every time you get a visa (non E U). Even worse for normal contracts you need to pay every 2-3 years. If there is a mention on the new passport mentioning that old passport has a valid visa, you don't need.

Original Poster

Viswa

620 per person has to be paid every time you get a visa (non E U). Even … 620 per person has to be paid every time you get a visa (non E U). Even worse for normal contracts you need to pay every 2-3 years. If there is a mention on the new passport mentioning that old passport has a valid visa, you don't need.



​that doesn't apply to my hubby he has indefinite leave to remain no visa renewal needed but thanks for taking the time to answer.

Have you had a look here it would give you some idea, has your husband applied for it yet? As normally he during application processes such as that until a decision has been made they can continue to work. There are a few numbers employers can ring to check and get information on this and sounds like they are being pedantic if it's just for the fact his indefinite leave to remain is in an expired passport.

adhkarzf

​that doesn't apply to my hubby he has indefinite leave to remain no visa … ​that doesn't apply to my hubby he has indefinite leave to remain no visa renewal needed but thanks for taking the time to answer.


By visa I meant indefinite leave sticker on old passport

Original Poster

londonlad19

Have you had a look here it would give you some idea, has your husband … Have you had a look here it would give you some idea, has your husband applied for it yet? As normally he during application processes such as that until a decision has been made they can continue to work. There are a few numbers employers can ring to check and get information on this and sounds like they are being pedantic if it's just for the fact his indefinite leave to remain is in an expired passport.



​Thanks for that. I just did the questionnaire and I get this

The person may be entitled to work in the UK.
The worker needs to have both of the following:

a current Immigration Status Document issued by the Home Office, stating that the the worker has indefinite leave to remain or has no time limit to their stay in the UK

an official letter or document from a government agency (eg HM Revenue and Customs, Department for Work and Pensions, or the Social Security Agency in Northern Ireland) or previous employer, showing their name and National Insurance number
You should make a copy of both documents.

You don’t have to do this check again.

his ilr is in his old passport and he's been working for his current company since 2007 so we don't have any old payslips but he's got a national insurance card I've still got the original letter detailing his ilr and that he can work in the UK.

I'm not sure if that will be all and he can go back to work. I'm under the impression that he needs to get the biometric card but really confused as non of the info I can find relates specifically to my query of whether he can continue to work. We haven't yet applied for it as he only just found out last night and I'd like to get done advice first as to whether he actually needs it or not.

From my personal experience, biometric card is optional as long as you have valid visa. For all the new applicants from uk, it is better to have biometric card. Unfortunately these were not clear anywhere, only employer decides if it is fine. As per the email I got I needed a biometric card but when I showed my visa, it was okay. Hopefully you will find a better advice.

it is in his interest to get a current up to date passport with this indefinite leave to stay as they are getting tighter on immigration controls, and rightly so. the employer is entitled to see this in a valid passport unless there is supporting evidence outside of the passport which states he has indefinite leave to stay.

Original Poster

mutley1

it is in his interest to get a current up to date passport with this … it is in his interest to get a current up to date passport with this indefinite leave to stay as they are getting tighter on immigration controls, and rightly so. the employer is entitled to see this in a valid passport unless there is supporting evidence outside of the passport which states he has indefinite leave to stay.



​he does have the supporting evidence which is the original letter stating the conditions of his indefinite leave to remain.
We would love to have the ilr sticker in his current passport but the home office wouldn't let you do that in the past and would just say make sure you keep hold of the passport with the sticker in it when you travel. now it seems you can't do it all and would need to apply for the biometric card although I could be wrong there I'm going to speak to the home office on Monday to try and sort this mess out.

Thank you everyone for your help.

adhkarzf

​he does have the supporting evidence which is the original letter s … ​he does have the supporting evidence which is the original letter stating the conditions of his indefinite leave to remain. We would love to have the ilr sticker in his current passport but the home office wouldn't let you do that in the past and would just say make sure you keep hold of the passport with the sticker in it when you travel. now it seems you can't do it all and would need to apply for the biometric card although I could be wrong there I'm going to speak to the home office on Monday to try and sort this mess out. Thank you everyone for your help.



it sounds like the employer is being very strict and want to ensure that everyone has this new biometric card. there is not much that you can do but apply for this card, which sounds like you need anyway.

you could speak to the employer again and find someone sympathetic to explain that you can't afford unpaid leave and need to work and ask if there is any way that you can still work until this biometric card is obtained, speak to human resource if the company is large enough to have one.

it may be that this is the law and their hands are tied but they have a duty to look after their employees and try to help where they can.

Hi, adhkarzf. I just found your post and I'm just curious what happened after you spoke to home office.

Original Poster

Yumi

Hi, adhkarzf. I just found your post and I'm just curious what happened … Hi, adhkarzf. I just found your post and I'm just curious what happened after you spoke to home office.



​they stated that as he was working with them since before may 2014 he doesn't need it but if he was to gain new employment then he would either need the biometric card out a British passport.

thankfully all been sorted out and he was paid for the 2 days they made him stay at home.

I am in the same predicament , I have held an ILR since 2002 in an expired passport now. I rang HO Sheffield yesterday to say the Agency I have been working for since 2012 won't withheld my wage this week citing I needed a biometric card.. Funnily the Home Office said I am not subject to immigration control since I have indefinite Leave to Remain. HO said I would need the biometric if I am applying for a new job though but in my case it's an on going job .. I told my Agency that but then I was surprised that it's the payroll company SDC, which Site Contract Personnel (my Agency) had contracted to deal with payroll that's witholding my wages and demanding that I get a biometric card first.. I am yet to see CAB today & see if this is legal. Home Office said they can't advise me about the wages but they told me I am legally intitled to work and get paid with the current paper work even though the vignette indefinite Visa is in an expired passport...(sorry wrote this in a rush) will update after CAB

He is meant to get a Biometric card after he renewed his passport as the visa in his passport is classed as expired even though he has ILR. HO no longer issue visa for "Indefinite Leave to Remain". Although you are entitled to work but it is safe to get a Biometric Card.
I know this because my mom was in the same situation. I rang HO up and was told to renew the passport first then apply for the Biometric Card which normally arrives within 2 weeks of successful application.

Original Poster

BRCard

I am in the same predicament , I have held an ILR since 2002 in an … I am in the same predicament , I have held an ILR since 2002 in an expired passport now. I rang HO Sheffield yesterday to say the Agency I have been working for since 2012 won't withheld my wage this week citing I needed a biometric card.. Funnily the Home Office said I am not subject to immigration control since I have indefinite Leave to Remain. HO said I would need the biometric if I am applying for a new job though but in my case it's an on going job .. I told my Agency that but then I was surprised that it's the payroll company SDC, which Site Contract Personnel (my Agency) had contracted to deal with payroll that's witholding my wages and demanding that I get a biometric card first.. I am yet to see CAB today & see if this is legal. Home Office said they can't advise me about the wages but they told me I am legally intitled to work and get paid with the current paper work even though the vignette indefinite Visa is in an expired passport...(sorry wrote this in a rush) will update after CAB



​you need to get in touch with your payroll department and state that as per advise of the home office you've been employed continously by the same employer since before 2014 so this does not apply to you. If they still don't pay you ask them to contact the home office to confirm whether this is true or not. I do remember quoting some paragraph from the guidelines to my hubby's HR department after which they agreed to let him back. If all this fails I'd tell them I'm getting a solicitor involved and will be forwarding costs to them if the case goes in your favour. It's a tricky one as we were totally unaware but best thing now for you is to either get the biometric card or like my hubby start the process for British naturalisation and then British passport. I do think long term it's better for you to get the passport. Good luck and do keep us updated.
Edited by: "adhkarzf" 19th Feb 2016

I went to find work after graduating from university, said I couldn't work because of the same situation really. Though it all doesn't make sense as I've lived here since I was 4 years old, been in education my whole life. Now I'm an unemployed undergraduate with no money coming in. Spoke to HO, they said I'd have to pay roughly £300 to apply for this card thing which will take up to 6 months to get back. Or to get it all done in 1 day, pay £800. Now this is money I cannot afford. Anybody have any advice?
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