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ILR sticker expiring this year - is it required to get Biometric Card?

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  • ILR sticker expiring this year - is it required to get Biometric Card?

    Hello, I have ILR via my previous EEA family permit (German husband) I've had my ILR sticker for almost 10 years so looked into getting the Biometric card
    moving forward. I've made an appointment to do so but am confused about two things 1) is this mandatory as my sticker is expiring? (eg ILR is for life correct so should have
    no issues coming in and out at the Border?)

    Also confused as to the documentation required. It looks like I need to prove I've been in the UK
    the whole time since I was granted ILR in order to get the Biometric card? I am confused as I thought ILR is for life but it seems I'm opening up a pandora's box
    of new stuff to prove. I pay taxes, have a business, a mortgage and all the good stuff but am worried about what specific documentation they want as its quite vague
    in the upload section for documents. The reason I didn't apply for British Citizenship is really just because of Brexit and having an EU husband and daughter I just
    wanted to wait and see how we all felt, what happens etc. But we have no plans to leave the country.

  • #2
    Gabriella B (lawyer) would you be so kind to help with this question - many thanks.

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Apologies in the delay in seeing this post approved. This was due to a technical issue. I believe the lawyer is now able to see the tag. Could you please confirm Gabriella B (lawyer)? Many thanks

      I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Hi, yes I can see the post now thanks
        ClaudLatina

        It is possible to apply for a biometric residence permit, but if you have ILR on the basis of your relationship with an EEA national, you can apply under the EU Settlement Scheme to convert your document.

        See Apply to the EU Settlement Scheme (settled and pre-settled status): If you have permanent residence or indefinite leave to remain - GOV.UK which explains this point:

        Indefinite leave to enter or remain (ILR) are types of immigration status.

        You’ll usually have applied for indefinite leave to enter or remain. You’ll have a stamp in your passport or a letter from the Home Office. You could also have a ‘vignette’ (sticker) or a biometric residence permit.

        You can continue to live in the UK without applying to the EU Settlement Scheme if you have indefinite leave to enter or remain in the UK. However, if you choose to apply (and meet all the other conditions), you’ll get ‘indefinite leave to remain under the EU Settlement Scheme’ - also known as settled status.

        This means you should be able to spend up to 5 years in a row outside the UK without losing your settled status (instead of 2 years with the indefinite leave to enter or remain you have now)

        I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

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        • #5
          Do you have any other questions at this point?

          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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          • #6
            Hello. I have applied for Settled Status as above. I went to my appointment yesterday to get my fingerprints taken and photograph and they checked my passport. They did not look at my ILR sticker or letter. I was not asked for any other documents. However I got an email today asking for proof of residency from 2009-2017. It makes no sense to me as I thought as I had ILR I didn't need to do this? I supplied my UTR at the time of the application and I've paid taxes consistently this whole time so I am baffled about this. I can get the information they need I'm just shocked and a bit surprised. If this is normal procedure let me know . thanks !

            Comment


            • #7
              Originally posted by kokeshiAC View Post
              Hello. I have applied for Settled Status as above. I went to my appointment yesterday to get my fingerprints taken and photograph and they checked my passport. They did not look at my ILR sticker or letter. I was not asked for any other documents. However I got an email today asking for proof of residency from 2009-2017. It makes no sense to me as I thought as I had ILR I didn't need to do this?
              The appointment is just for the purpose of enrolling biometrics and getting the passport checked, however, the rest of the application has to be completed online, and the form has a question regarding ILR, as noted here: Applying with Indefinite Leave to Remain (ILR) - UKCEN Citizenship and Residence for European Nationals and their families

              Did you respond Yes to that question?

              Originally posted by kokeshiAC View Post
              I supplied my UTR at the time of the application
              The application asks for your National Insurance Number, did you provide that?

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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              • #8
                Hello Yes I did and I uploaded my ILR sticker (it was issued in 2009) and I believe the letter I received from the Home office at the time confirming ILR. Plus my husbands passport scan.

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                • #9
                  Hello I also provided my National Insurance number at the time. so confused why they are not seeing all my tax returns ?

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                  • #10

                    Originally posted by kokeshiAC View Post
                    Hello. I have applied for Settled Status as above. I went to my appointment yesterday to get my fingerprints taken and photograph and they checked my passport. They did not look at my ILR sticker or letter. I was not asked for any other documents. However I got an email today asking for proof of residency from 2009-2017. It makes no sense to me as I thought as I had ILR I didn't need to do this?

                    Originally posted by kokeshiAC View Post
                    and I've paid taxes consistently this whole time so I am baffled about this. I can get the information they need I'm just shocked and a bit surprised. If this is normal procedure let me know . thanks !
                    I'm also a bit baffled, since settled status is based on 5 years' residence, so they shouldn't ask for evidence from 2009, not unless you hadn't lived in the UK for the last 5 years and were relying on an earlier period. But below you say:

                    Originally posted by kokeshiAC View Post
                    Hello, I have ILR via my previous EEA family permit (German husband) I've had my ILR sticker for almost 10 years so looked into getting the Biometric card
                    Which suggests your ILR was issued around 2009, so they seem to be asking for evidence of residence since ILR was granted, up until two years ago. While ILR does lapse after being out of the UK for two years or longer, the caseworker guidance clearly states the following: Link

                    Click image for larger version

Name:	ILRCaseworker.png
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ID:	3191

                    So it looks like they did not accept your self-declaration on the form, that you had not left the UK for two years or longer.


                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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                    • #11
                      Originally posted by kokeshiAC View Post
                      Hello I also provided my National Insurance number at the time. so confused why they are not seeing all my tax returns ?
                      If you applied on the basis of ILR, it is possible that they may not have run the automated checks of tax records, since applying with PR or ILR means not having to prove residence, at least in principle. The form would probably not have hooked up to the tax records if applying with ILR.

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Hi. so despite me declaring i've not lapsed my ILR they still want physical evidence that I'm abiding by the conditions of ILR correct? its fine I will get it sorted I just wanted to check they were doing the right thing as I thought my ILR status meant it wasn't needed. I am hoping I actually get a biometric card of out this as my sticker is old . When I want to my biometric appointment they were just saying i'd get an email to print. so much conflicting information ! thanks for your help

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                        • #13
                          Originally posted by kokeshiAC View Post
                          Hi. so despite me declaring i've not lapsed my ILR they still want physical evidence that I'm abiding by the conditions of ILR correct? its fine I will get it sorted I just wanted to check they were doing the right thing as I thought my ILR status meant it wasn't needed.
                          Morning,
                          It does sound like it, which, as above, shouldn't be the case as per their own rules regarding people applying with ILR, however, if you are able to provide the evidence, then it shouldn't be an issue.
                          Originally posted by kokeshiAC View Post
                          I am hoping I actually get a biometric card of out this as my sticker is old . When I want to my biometric appointment they were just saying i'd get an email to print. so much conflicting information ! thanks for your help
                          The whole point of having a biometrics appointment would have been so you would be issued with a BRP, and all non EEA nationals who apply without a valid biometric card must be issued with one, so it was rather silly of them to say you'd just get an email when you attended a biometrics appointment! Perhaps they were referring to the decision email, which, again, clearly states it's not proof of status, so it's just for information rather than to print and prove your status with it, the printed email wouldn't work with border control!

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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                          • #14
                            thank you so much. I find it very confusing but I can provide what they need so in the end it should be fine Many thanks !

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                            • #15
                              Originally posted by kokeshiAC View Post
                              thank you so much. I find it very confusing but I can provide what they need so in the end it should be fine Many thanks !
                              Do keep us posted, we are looking forward to moving this thread to our success stories!

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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