Transfer of Conditions
Jan 25, 2010
This article highlights some of the difficult issues relating to the UK immigration procedures for a Transfer of Condition (TOC) as well as an application for No-Time Limit (NTL).
Please note that neither of these applications is mandatory following the renewal of a migrant's expired passport.
The TOC form is used by an applicant with limited leave to remain such as a Tier 4 Students, a Tier 1 Highly Skilled Workers or Tier 2 Sponsored Skilled Workers or someone in an immigration category leading to settlement. In this case an in-person appointment will need to be booked by phone or through the UK Border Agency's online system since the applicants are now required to provide their biometrics data.
The key change from last year's procedure is that a TOC applicant will be provided with an Identity Card for Foreign Nationals (ICFN). Again, something important to bear in mind when applying for a TOC is that an ICFN card will not be provided on the day, but will be sent to the migrant's address within 5 to 10 working days. Since a new passport will not be endorsed with a vignette, the migrant will need to carry the ICFN with their passport whenever travelling outside the UK.
Failing to update an ICFN when required might also lead to a fine of £ 1000. This is in addition to any police registration certificate requirements - failure to adhere to these could now result into refusal of renewals and/or removal from the UK as well as a possible 12 month up to 10 year ban on returning.
Unlike the TOC process, a migrant who has been granted settlement or Indefinite Leave to Remain in the UK will be able to have his/her new passport endorsed using the same day service. The Home Office's application fee is £ 515 and the good news is that the application can be submitted by a representative without the applicant having to attend in person. If you wish to receive expert advice in connection with a TOC or an NTL application, simply contact our office as we will be happy to assist you.
If you have an enquiry relating to your immigration status or you ability to work in the UK, we can assist you in your application. Please contact us or book an appointment.
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