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Discussion Starter · #1 ·
Hi,
My wife is a US citizen that has had ILR for the UK for over ten years (I am a UK citizen, and we are resident in UK). She is currently in the process of renewing her US passport. When the new passport comes back, it will (presumably) not have the ILR stamp. Our reading of the rules suggests that she ought to apply for a Biometric Residence Permit card with a No Time Limit. However, it sounds like that takes months to get processed. Unfortunately, she will need to make a short trip to Europe next month, so we are concerned that if we apply now for the BRP she'll be stuck without a passport or a document proving her ILR.
So what we want to know is whether the ILR stamp in her expired US passport will be enough to get her through UK immigration control?

Thanks for your thoughts on this.
 

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Yes she can travel with both passports but why on earth hasn't she applied for UK citizenship and a UK passport?

Alternatively she can apply in person for a BRP for an added fee.
 

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Discussion Starter · #3 ·
Yes she can travel with both passports but why on earth hasn't she applied for UK citizenship and a UK passport?

Alternatively she can apply in person for a BRP for an added fee.
Thanks, that is good to hear.

Why hasn't she applied for UK passport? For various reasons, but it has been on the "to do" list for a while now...
 

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Thanks, that is good to hear.

Why hasn't she applied for UK passport? For various reasons, but it has been on the "to do" list for a while now...
I'd recommend that if she's going to do it, do it now, as the fees are likely to go up in April of next year (they are generally revised on an annual basis and, more likely than not, will go up upon revision).

If she does decide to apply to be naturalised, I would suggest that she utilise the Nationality Checking Service (run by the Local Authority) as there's no "Rush" or "Priority" service available for Naturalisation applications.

For a fee, the NCS team of your Local Authority will do a quick once-over of the application and take official copies of all supporting documents and send the application package off on your behalf, which means your wife can come away with her passport.

One side note, NCS is not a guarantee that the application will be successful (that all depends on the applicant and their history with and in the UK) nor will it guarantee the speed at which the application is processed... the only real "perk" of the service is the aforementioned document copying/certification so that one is not without their passport while the application is in process (I partook of the service 2 years ago this October as I had tickets booked to go and visit my family in Canada at Christmas and didn't know if I would have my passport back in time or not... it was money well spent, even though the Local Authority misplaced my husband's passport and refused to take responsibility for misplacing it until shortly after he cancelled it... they refunded the NCS fee but not the more costly passport renewal fee *grr*)
 

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I wanted to add on to this - if your wife is working, once her visa is in an expired passport, she will lose her right to work. From what I've seen, if your wife has been with the same employer for a while, they won't follow up on this, but very well could be in trouble for having an "illegal" worker if there were any checks done. if she's not working, no need to have anything done.

No issues at the border though, I've entered the U.K. 3 times with my visa in an expired passport.
 

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Discussion Starter · #6 · (Edited)
WestCoast and InvisibleMe - Thanks both for your comments - really useful to know. (Sorry it has taken me so long to get round to responding).
 

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I wanted to add on to this - if your wife is working, once her visa is in an expired passport, she will lose her right to work.
Why would she lose her right to work if she has ILR? ILR is not a really a visa. It has no expiry as long as you're not away for longer than it is allowed. Or am I wrong?
 

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It's not so much about losing the right to work as having the correct evidence about the right. Work authorisation such as ILR endorsement in an expired passport cannot be used as evidence for the right to work for the employer, and you have to get BRP through NTL application costing £237:
https://www.gov.uk/government/publi...fer-indefinite-leave-to-remain-in-uk-form-ntl
About employer's right to work checks: https://www.gov.uk/government/uploa...uide_to_right_to_work_checks_-August_2017.pdf
 
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