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Immigration News: Home Office Announces no Home Office fees to be Charged for No Time Limit Applications

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As London immigration solicitors it can be hard to spot good news immigration stories so when we hear of one, we ‘jump on it’. On the 6 April 2022 the Home Office announced that it will no longer charge an application fee for no time limit applications. In this article, our immigration solicitors take a look at who will benefit from this announcement and answer your frequently asked questions on no time limit applications.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on any aspect of immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

What is a no time limit application?

A no time limit application enables individuals who have indefinite leave to remain marked in their passport to upgrade to a biometric residence permit card (BRP card).

Why is a no time limit application the best option?

If an individual has indefinite leave to remain then it is natural to question why they need to make any further Home Office applications. Many of the enquiries our indefinite leave to remain lawyers receive are asking questions about why another Home Office application is necessary after years of family visa or work visa applications and after finally securing what they thought was permanent and indefinite leave to remain.

Individual immigration solicitors can reassure you that your indefinite leave to remain is indefinite in nature and can only be lost in very limited circumstances. The no time limit application is not therefore about applying for a no time limit stay in the UK as indefinite leave to remain already gives you that because your leave to remain in the UK is not limited.

A no time limit application is often your best option if you have indefinite leave to remain because it can be harder to prove your immigration status without a BRP card and the BRP card is the outcome of a successful no time limit application.

Whilst indefinite leave to remain lawyers share your frustration that a no time limit application is necessary, the reality is that without a BRP card life in the UK can be tougher and harder than it needs to be because you may struggle to easily prove your immigration status and therefore your right to work or your right to rent. Knowing that you have hard won immigration rights that you can't prove to an employer’s satisfaction is extremely irritating, hence it is best to make your no time limit application.

Many question why UK employers are so difficult about right to work checks if you are applying for a job but the reality is that if an employer gets right to work checks wrong, the employer could face criminal prosecution and a fine of up to £20,000 for each worker who is employed illegally. The employer could also risk losing their sponsor licence meaning they would no longer be able to sponsor workers on work visas, such as the skilled worker visa.

Who should make a no time limit application?

If you have indefinite leave to remain then you should consider a no time limit application if:

  • You don’t have evidence of your indefinite leave to remain status. For example, because you were settled in the UK before the 1 January 1973 or
  • Your passport contains an indefinite leave to enter (ILE) or an indefinite leave to remain (ILR) or an NTL endorsement has been lost or stolen or your passport has expired or
  • You need to easily prove your immigration status. For example, because you are applying for new employment and your employer will need to conduct a right to work check and says they need a BRP card to easily do so.

The eligibility criteria for a no time limit application

You will meet the eligibility criteria for a no time limit application if you:

  • Have indefinite leave to remain or indefinite leave to enter and
  • Have not lost your indefinite leave to remain or indefinite leave to enter (the most common reason for losing indefinite leave to remain is if you are absent from the UK for a continuous period of at least two years).

Paperwork needed for a no time limit application

To make a no time limit application the main paperwork  you need is proof of identity, such as your passport, identity card or driving licence as well as evidence of your indefinite leave to remain status. Your indefinite leave to remain status could be the endorsement in your passport or letter from the Home Office.

Some no time limit applications get rejected where there is a change of name. For example, a change of name on marriage or if you have reverted to your maiden name after a divorce. A rejection can be avoided if you provide evidence of your name, such as your marriage certificate or divorce order and change of name deed.

If you are not certain about what supporting documents  you need to provide or you have limited paperwork  it is best to ask for immigration legal advice. For help with your immigration questions and no time limit applications call the indefinite leave to remain lawyers on 0203 959 9123.

What is a biometric residence permit card?

A no time limit application gives you a biometric residence permit card but what is a BRP card and why is it best to have one? A BRP card is proof of your right to reside, work or study in the UK and it includes your name, place of birth, date of birth, photo, immigration status and biometric information such as fingerprints.

The BRP card gives you more secure information than a stamp in your passport and employers and landlords find the card easier to conduct right to work and right to rent checks as a BRP card enables you to participate in a free online immigration status check. As the Home Office has now stopped charging a fee for a no time limit application, indefinite leave to remain lawyers say that it makes sense to get a biometric residence permit card. The BRP card also facilitates straightforward travel in and out of the UK without having to carry your old passport containing your ILR vignette.

Do EEA nationals with settled status need to apply for a BRP card?

If you have pre-settled status or settled status under the EU Settlement Scheme  you are not eligible to make a no time limit application. However, if you or a family member, settled in the UK from the EU many years ago and got indefinite leave to remain then you may meet the eligibility criteria for a no time limit application.

How can OTS Solicitors help with your no time limit application?

The indefinite leave to remain lawyers can help you with:

  • Advising on whether you meet the eligibility criteria for a no time limit application
  • Giving information on the application process and the documents you need
  • Assisting you complete the application and upload the right documents
  • Talking to you about your options if you have lost your indefinite leave to remain status, for example, because you left the UK for a continuous period of two years or more and so you aren’t eligible to make a no time limit application
  • Advising you on whether you meet the eligibility criteria to apply for British citizenship if you are interested in taking this step in your immigration journey. If you aren’t certain, our British citizenship solicitors can look at the option of dual nationality, depending on your country of origin and their rules on dual nationality.

UK Online and London Based Immigration Solicitors and Indefinite Leave to Remain Lawyers

For advice on indefinite leave to remain or on any aspect of immigration law call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

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