NTL visa and jobseekers

Emoji

Does anyone have any information on whether a person can continue claiming jobseekers allowance while waiting for a NTL visa to be changed to a new bio metric ID card ?

information on NTL transfer here :
gov.uk/government/publications/application-to-transfer-indefinite-leave-to-remain-in-uk-form-ntl

It can take quite a while by the information provided on that page.

Emoji

I know it is a bit of an odd one .. But anyone's thoughts would be useful ?

Alice_Holt

Don't know if this is any use:
https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/the-habitual-residence-test-an-introduction/what-is-the-habitual-residence-test/

The tests for receipt of JSa are do you have a right to reside and are you habitually residence.
Can't see that these would be affected by transferring the indefinite leave to remain visa in the UK in your passport to a biometric residence permit. The only difficulty might arise if you needed proof of your ILTR status during that process. A photocopy of the passport & visa? Does the Home Office / Government site have anything to say on this?

OhWow

Emoji wrote: »

Does anyone have any information on whether a person can continue claiming jobseekers allowance while waiting for a NTL visa to be changed to a new bio metric ID card ?

information on NTL transfer here :
gov.uk/government/publications/application-to-transfer-indefinite-leave-to-remain-in-uk-form-ntl

It can take quite a while by the information provided on that page.

https://www.gov.uk/government/publications/application-to-transfer-indefinite-leave-to-remain-in-uk-form-ntl

If you have ILR, then you can claim UK benefits.

TELLIT01

OhWow wrote: »

https://www.gov.uk/government/publications/application-to-transfer-indefinite-leave-to-remain-in-uk-form-ntl

If you have ILR, then you can claim UK benefits.

I think the issue may be that paper docs would have been sent in to get then new version of the NTL visa. If they haven't kept copies, and are trying to claim benefits, there may be a problem. Even with copies DWP may not be happy to accept them.
I saw similar problems a couple of times when working on benefit processing. DM's demanding originals when those originals had been sent to immigration for renewal. Catch 22.

Emoji

Thanks for the replies.
The person in question has previously worked in the UK being made redundant last November and then applying for and receiving Job seekers allowance shortly afterwards.

About two weeks ago she found two part time jobs of about 20 hours each a week. However when it came to the fine details she was told that her present NTL visa stamped in an old passport was not acceptable and she was then told about this change by the HR department of the company.
Neither I nor her was aware of this change as it was not mentioned by anyone and I suppose I could have checked but had no reason to as her previous employer used the old document.
I think the change came in January of this year.
To cut to the chase.
She is still receiving JSA and has told the employment adviser why after being offered the work she could not take it up.
I am just a bit concerned someone is eventually going to ask for the benefit to be returned as I cant see how she is able to work until she receives the new documentation.Which can take quite a few months.
She has spoken to her employment adviser who does not seem to see it as a problem.

pmlindyloo

Did your friend's potential employer check with the Home Office as to whether they are allowed to work?

Have a read of this:

https://www.gov.uk/check-job-applicant-right-to-work

Seems to me that it may be that the employer did not know how to carry out the check properly.

Since the Job Centre Plus seem perfectly happy then there seems to be no cause for concern.

Emoji

The job centre staff were not aware of this recent change until told by the person being discussed.

It was the head office of the potential employer who provided the link I posted in my first post and again posted in #5 to explain why employment could not be offered at this time. This change is quite recent and it seems a few companies will only cross this bridge as they get to it.

I sent an email to the other employer and they explained that due to this information they could not offer a contract either.

Emoji

https://www.gov.uk/employee-immigration-employment-status

Thanks for the help
I have had a look at the link provided and it seems the case number may well be enough to get the ball rolling

TELLIT01

Many employers are understandably nervous about employing non UK nationals until they have every i dotted and every t crossed. They can be hit with massive fines if they get it wrong.

w06

It may take less time than you think. A friend recently changed visa, she was allowed to work same day and the biometric thing was with her by end of the week. It'd be worth getting the biometric card asap so that any job can be accepted