From 1st January 2025, proof of immigration status in the UK will, in most cases, will require you to have an eVisa. For those without great IT skills, this may seem worrying, especially as there is a lot of jargon and acronyms (capital letters to represent documents. etc, such as BRP for a Biometric Resicence Permit, but don't worry, we can help!
Individuals with UK immigration status will need to register for a UKVI account. This will allows you to access and verify your status online. This, in turn, means you will need a BRP to prove your current status. Anyone with the older style Indefinite Leave to Remain (ILR) endorsement should submit a No Time Limit (NTL) application as soon as possible to ensure they secure proof of their lawful status in the UK. Since 6 April 2022, the Home Office have also waived the application fee, so the process is now free of charge.
What is the purpose of No Time Limit application?
NTL is an administrative process by which someone with indefinite leave to enter (ILE) or indefinite leave to remain (ILR) can apply for confirmation of this status on a BRP. A person who has ILE or ILR is free of immigration time restrictions and considered to be ‘settled’ in the UK (if ordinarily resident).
A person may apply for NTL:
to ‘upgrade’ their non-digital proof of ILR or ILE, for example, if they have a vignette in their passport, they can exchange this for digital confirmation of their status in the form of an NTL BRP
if their passport containing an ILE, ILR or NTL endorsement has been lost, stolen or has expired
where they are settled in the UK, but they do not have any documentary evidence confirming this (for example because they were deemed settled in the UK on 1 January 1973 in line with section 1(2) of the Immigration Act 1971)
where they have legitimately changed their identity since being granted indefinite leave and want this confirmed on a BRP
It is not mandatory for a person to apply for an NTL BRP, but there are benefits to doing so. In particular, an NTL BRP:
has enhanced security features which cannot be found on an old-style vignette (sticker) which means there is less chance of it being used fraudulently by another person
is evidence that a person has the right to stay permanently in the UK and has a right to work and access certain benefits
it enables individuals to prove their right to work or rent using the Home Office online checking services, which are simple and secure and will need to be used by BRP holders from 6 April 2022
will facilitate travel to and from the UK
Applications for NTL must be made in the UK on the NTL application form and are free of charge.
No time limit: eligibility
Persons eligible to apply
In order to qualify for an NTL BRP, the applicant must:
have indefinite leave to enter (ILE) or indefinite leave to remain (ILR) in the UK, including those who were considered ‘settled’ in the UK on or before 1 January 1973
have not lost their ILE or ILR (for example by being absent from the UK for a continuous period of 2 years or more since 2000)
continue to be entitled to ILE or ILR (for example the ILE/ILR has not been or will not be revoked)
Applicants are able to leave the Common Travel Area (CTA) while their NTL application is being considered.
Applicants who have limited leave cannot make an NTL application. They must make a transfer of conditions application if they wish to have their status confirmed on a BRP. The only circumstances in which a person with limited leave can make an NTL application is if they were given 2 months’ leave to enter at port because the Border Force officer was not completely satisfied that they had indefinite leave on entry following their absence from the UK.
An eVisa is an online record of:
· your immigration status
· the conditions of the type of permission you have to enter or stay in the UK
If you have access to an eVisa, you can prove your immigration status online instead of using a physical immigration document like a biometric residence permit (BRP).
Who can set up access to an eVisa
You can set up access to your eVisa now if you have a:
BRP
Frontier Worker permit
How to access your eVisa
If you do not already have a UK Visas and Immigration (UKVI) account, you will be asked to:
create a UKVI account
confirm your identity using the ‘UK Immigration ID Check’ app
This information will be used to link your eVisa to your UKVI account. You’ll get an email when you can access your eVisa in your account.
As we noted at the top of this artricle,t his process can be complex and confusing (especially trying to understand the jargon!) For help, please call us on: +44 07458 366159 - or email us at: info@rodriguezlaw.co.uk
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