19 February 2019

Transferring visa conditions to a biometric card

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If your passport expires during the validity of a multi-entry visa, the visa (or leave) can be transferred to the new passport at request. You may use that visa (or leave) endorsed in the expired passport as it remains valid and can be show to immigration authorities on request along with new passport. In that case you would not therefore need to request any transfer.

What is NTL?

NTL is an administrative process by which a person 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).

When can you apply?

A person may apply for NTL where:

  • their passport containing an ILE, ILR or NTL endorsement has been lost, stolen or has expired
  • they have settled status 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)
  • 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, for example, 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
  • will facilitate travel to and from the UK

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
  • 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 ILE/ILR was granted)
  • continue to be entitled to ILE or ILR (for example the ILE/ILR has not been or will not be revoked)
  • apply from within the UK using an NTL application form and pay the required fee

EEA nationals with indefinite leave to remain

In some cases, an EEA national may be granted indefinite leave under the Immigration Rules. This may happen, for example, where the EEA national:

  • was issued indefinite leave as an EEA national before 30 April 2006 (the date on which permanent residence was created under the EEA Regulations)
  • is the spouse or partner of a person present and settled in the UK and was granted indefinite leave under the Immigration Rules on this basis

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

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