How to Prove My Immigration Status
Proving your immigration status in the UK is essential for accessing various services and benefits. Whether you're seeking employment, renting a property or trying to access healthcare, having the correct documentation is necessary.
This blog post will guide you through the steps necessary to prove your immigration status effectively, ensuring you can navigate these processes smoothly. By following our comprehensive advice, you will be well-prepared to present your immigration status confidently in any situation.
Understanding Immigration Status
Your immigration status determines your legal rights and obligations while in the UK. It is essential for determining your eligibility for work, housing, education and healthcare. Understanding the different types of immigration status is crucial for knowing your entitlements and responsibilities.
Below is an overview of the common types of immigration status in the UK:
- Indefinite leave to remain (ILR) or settlement: grants an individual the right to live and work in the UK indefinitely. Those with ILR status are not subject to immigration control and can access public services such as the NHS, education and benefits. ILR can be obtained through various routes, including long residence, family connections or employment. Maintaining this status requires continuous residence in the UK, as prolonged absence from the UK may lead to it lapsing. Those that hold ILR can consider naturalising as a British citizen, if they meet the eligibility criteria.
- Limited leave to remain: a temporary status granted to individuals who do not yet qualify for ILR/settlement. This status allows individuals to stay in the UK for a specified period under certain conditions, such as work, study or family reunification. Each visa type under this category has specific requirements and restrictions. For example, public funds are usually not permitted, and some routes require adherence to specific employment or study conditions. Those that hold limited permission to remain can access the NHS and children can receive education in the UK. Extension applications must be submitted before existing permission expires to maintain lawful status.
- Refugee status: granted to individuals who have fled their home country due to persecution based on race, religion, nationality, political opinion or membership in a particular social group. Those granted refugee status in the UK are allowed to stay for an initial period of five years, after which they can apply for settlement. Refugees have the right to work, study and can access public services. They are also eligible for certain welfare benefits.
- Pre-settled status: granted to EU, EEA and Swiss citizens and their family members who started living in the UK before 31 December 2020 (although some exceptions to this date exist).This status is issued under the EU Settlement Scheme and allows you to live, work and study in the UK for up to five years, with access to healthcare, education and other public services. While holding pre-settled status, it is important to maintain your residence in the UK to eventually qualify for settled status. You can also apply for settled status once you complete five years continuous residence in the UK.
- Settled status: granted to EU, EEA and Swiss citizens, as well as their family members, who have lived continuously in the UK for at least five years. This status allows individuals to live, work and study in the UK without any time restrictions. Settled status holders can access public services such as healthcare and education and are eligible for benefits and pensions, similar to British citizens. Additionally, they can travel in and out of the UK without restrictions and apply for British citizenship if they meet the eligibility criteria. As with ILR/settlement, those that hold settled status can lose their immigration status if they are absent from the UK for a prolonged period of time.
Documents Proving Immigration Status
When an individual is granted permission to enter or remain in the UK, their immigration status is usually confirmed by way of a:
- Vignette (visa) endorsed in their passport, for entry clearance applications
- Biometric Residence Permit
- Decision letter
If you naturalise or register as a British citizen, the Home Office will issue a Certificate of Naturalisation or Registration, which can be used to support your first application for a British passport.
You should always keep your immigration documents safe, well-maintained and ready for presentation. Store any identity document like your BRP, passport and Certificate of Naturalisation securely.
Steps to Prove Immigration Status
How to evidence your immigration status will depend on the organisation you are liaising with. Sometimes, you may simply need to provide your original BRP, passport or Home Office decision letter. However, as the Home Office is working towards an electronic immigration system (with all BRPs expiring on 31 December 2024 and eVisas being issued), it is likely that those that holding limited permission to remain or settle will need to evidence their status via the Home Office’s digital system. This is particularly relevant if you are evidencing your permission to remain for the purpose of securing employment or renting property.
Digital proof of status - this system allows you to view and share your immigration status online. To access your online immigration status, visit the UK government's 'View and Prove Your Immigration Status' website. After logging in, you can generate a share code, which can be given to employers, landlords or other relevant parties to verify your status online. This system is secure and ensures that your status can be confirmed without the need to present physical documents, reducing the risk of loss or damage to original documents.
Not all migrants in the UK will have access to an online UKVI account to prove their status, but the Home Office is liaising with these individuals in order to ask that they apply for an online account to evidence their immigration status in the UK.
If you cannot evidence your status via the Home Office’s online system, you may need to secure updated evidence of your status from the Home Office. This usually means the submission of an application to secure up-to-date evidence of your immigration status, but how we approach this will depend on the immigration permission held.
By following these steps, you can effectively prove your immigration status, ensuring that you can access services and opportunities without unnecessary complications. If you encounter any difficulties or require further assistance, seeking legal advice can provide clarity and support throughout the process.
Special Cases and Considerations
Certain situations may require additional steps or documentation to prove your immigration status:
- If you lose your BRP or passport, report the loss immediately and apply for replacements. Keep copies of all your documents to assist in such situations.
- Should you change your name, ensure that all your documents reflect this change consistently. Provide legal evidence of the name change, such as a marriage certificate or deed poll.
Legal Assistance and Advice
Proving your immigration status can sometimes be complex, especially in unique or challenging cases. Seeking legal advice can provide clarity and assistance. At JMW, our experienced immigration solicitors can guide you through the process, ensuring that you have all the necessary documentation and support. We can help with renewing documents, addressing discrepancies, and communicating with the Home Office on your behalf.
By gathering the necessary documents, checking their validity, using digital immigration status systems, and seeking legal assistance when needed, you can confidently prove your status. If you require professional support, contact JMW for expert legal advice and assistance. We are here to help you navigate the complexities of immigration law with ease and assurance.
Contact us on 0345 872 6666, or fill in our online enquiry form to request a call back.