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.
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
- 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:
- 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
Applications for NTL must be made in the UK on the NTL application form and require a fee.
Who is 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)
When is indefinite leave lost
A person will lose their indefinite leave where they have been outside the UK for more than 2 continuous years unless one of the exemptions apply which are:
- they are the dependant of a member of HM Armed Forces and they have been accompanying them overseas
- they are the dependant of a British citizen/settled person in permanent employment in the Foreign and Commonwealth Office, Department for International Development, the Home Office or British Council and they have been accompanying them overseas
- they return to the UK in circumstances where they don’t require leave to enter
If a person was granted indefinite leave to reman more than two ago, then it best to submit the application with proof of residence in the UK.
Proof of residence in the UK
Examples of evidence of residency you can provide include:
- council tax letters
- letters confirming tenancy or mortgage payments
- electricity, gas or water bills
- letters from employers that confirm employment
- wage slips or P60s
- school, college or university attendance records
- letters that confirm registration with a doctor and/or dentist which also show dates of appointments
Right of appeal
If the application for no time limit is refused, there is no right of appeal against the decision. This is because a refusal of a no time limit application is not an immigration decision, according to section 82(2) of the Nationality, Immigration and Asylum Act 2002.
Reconsideration requests, pre-action protocols or judicial reviews
If the application is refused, the remedy is to ask for reconsideration of the decision, pre-action protocol or judicial review,
Applicants who have limited leave cannot make an NTL application. They must make a transfer of conditions application if they wish to have their status confirmed on a BRP.