Page 1 of 33 Published for Home Office staff on 7 July 2024
No time limit (NTL)
Version 17.0
This guidance tells caseworkers how to make decisions on no time limit applications.
Page 2 of 33 Published for Home Office staff on 7 July 2024
Contents
Contents ......................................................................................................................... 2
About this guidance ....................................................................................................... 4
Contacts ..................................................................................................................... 4
Publication .................................................................................................................. 4
Changes from last version of this guidance .............................................................. 4
Purpose of no time limit application .............................................................................. 5
No time limit: eligibility ................................................................................................... 6
Persons eligible to apply ............................................................................................ 6
Crown Dependencies - Channel Islands and the Isle of Man............................... 6
EEA nationals with indefinite leave to remain (not under the EUSS) ................... 6
Dependants ............................................................................................................ 7
People who are not eligible to apply ......................................................................... 7
British citizens ........................................................................................................ 7
Right of abode ........................................................................................................ 8
Irish citizens ............................................................................................................ 8
British Nationals (Overseas) .................................................................................. 8
EEA nationals without indefinite leave to remain/ with indefinite leave under the
EUSS ...................................................................................................................... 9
Non-EEA family members of EEA nationals ......................................................... 9
EEA nationals with permanent residence.............................................................. 9
No time limit: consideration ......................................................................................... 11
People who were settled in UK on or before 1 January 1973 .................................... 13
Loss of indefinite leave due to absence from the UK ............................................. 13
Indefinite leave following an asylum claim .................................................................. 15
Exceptional leave to remain .................................................................................... 15
Refugee status ......................................................................................................... 15
No documentary evidence of indefinite leave ............................................................. 17
Loss of indefinite leave ................................................................................................ 18
Immigration Act 1971 ............................................................................................... 18
Leave to Enter and Remain Order 2000 ................................................................. 18
Proof of residence in the UK.................................................................................... 19
Returning residents .................................................................................................. 19
Change of identity ........................................................................................................ 21
Change of name ...................................................................................................... 21
Documentary evidence ........................................................................................ 21
Legitimate reasons for a change of name ........................................................... 22
Change of date of birth (DOB) ................................................................................. 22
Page 3 of 33 Published for Home Office staff on 7 July 2024
Change of gender .................................................................................................... 23
Change of nationality ............................................................................................... 23
Identity deception ........................................................................................................ 24
Home Office previously informed of identity change .............................................. 24
Nullity of British citizenship ...................................................................................... 24
Return of immigration documentation ..................................................................... 25
Case examples ............................................................................................................ 26
Change of name ...................................................................................................... 26
Change of date of birth (DOB) ................................................................................. 26
Change of nationality ............................................................................................... 27
Additional checks ......................................................................................................... 28
Refusing a no time limit application ............................................................................ 29
Referring to Immigration Enforcement .................................................................... 29
Refusal on basis of change of identity .................................................................... 30
Right of appeal ......................................................................................................... 30
Reconsideration requests, pre-action protocols or judicial reviews ....................... 31
Issuing a biometric residence permit .......................................................................... 32
Passport ................................................................................................................... 32
Biometric residence permit ...................................................................................... 32
Page 4 of 33 Published for Home Office staff on 7 July 2024
About this guidance
This guidance tells caseworkers about no time limit applications.
People who have indefinite leave in a legacy document, in a passport that is valid,
lost, stolen or expired, or have no proof of their indefinite leave status, can have their
indefinite leave transferred to a biometric residence permit by making a no time limit
application.
Contacts
If you have any questions about the guidance and your line manager or senior
caseworker cannot help you or you think that the guidance has factual errors, then
email Nationality Policy.
If you notice any formatting errors in this guidance (broken links, spelling mistakes
and so on) or have any comments about the layout or navigability of the guidance
then you can email the Guidance Rules and Forms team.
Publication
Below is information on when this version of the guidance was published:
• version 17.0
• published for Home Office staff on 7 July 2024
Changes from last version of this guidance
Updated guidance to reflect the relationship between NTL and the Immigration
Rules, and that applicants may leave the Common Travel Area while their
application is being considered.
Related content
Contents
Page 5 of 33 Published for Home Office staff on 7 July 2024
Purpose of no time limit application
This page explains the reasons why a person may apply for a no time limit (NTL)
biometric residence permit (BRP).
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).
A person may apply for NTL:
• to ‘upgrade’ their non-digital proof of ILR or ILE, for example, if they have a
vignette in their passport, they can exchange this for digital confirmation of their
status in the form of an NTL BRP
• if their passport containing an ILE, ILR or NTL endorsement has been lost,
stolen or has expired
• where they are settled 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)
• where 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
• it enables individuals to prove their right to work or rent using the Home Office
online checking services, which are simple and secure and will need to be used
by BRP holders from 6 April 2022
• will facilitate travel to and from the UK
Applications for NTL must be made in the UK on the NTL application form and are
free of charge.
Related content
Contents
Page 6 of 33 Published for Home Office staff on 7 July 2024
No time limit: eligibility
This page tells you about whether a person is eligible to apply for a no time limit
(NTL) biometric residence permit (BRP).
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,
including those who were considered ‘settled’ in the UK on or before 1 January
1973
• 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 2000)
• 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
Applicants are able to leave the Common Travel Area (CTA) while their NTL
application is being considered.
NTL applications are not covered by the Immigration Rules, however, the general
validity policy within Paragraph 34 of the Immigration Rules is applied to NTL
applications, where appropriate.
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. The only circumstances in which a person with limited leave can make an NTL
application is if they were given 2 months’ leave to enter at port because the Border
Force officer was not completely satisfied that they had indefinite leave on entry
following their absence from the UK.
Crown Dependencies - Channel Islands and the Isle of Man
The Channel Islands and the Isle of Man do not form part of the UK. However,
Schedule 4 to the Immigration Act 1971 states that persons who were given leave to
enter or remain in the Channel Islands or the Isle of Man will also have valid leave in
the UK. This also applies to indefinite leave. You may, therefore, receive NTL
applications from people who have been issued indefinite leave in the Channel
Islands or the Isle of Man and are now applying for confirmation of this status in the
UK.
EEA nationals with indefinite leave to remain (not under the
EUSS)
In some cases, an EEA national may have been granted indefinite leave under the
Immigration Rules (other than Appendix EU to the Immigration Rules) and will be
eligible for an NTL BRP. This may have happened, for example, where the EEA
national:
Page 7 of 33 Published for Home Office staff on 7 July 2024
• was granted indefinite leave as an EEA national before 30 April 2006 (the date
on which the right of permanent residence was created under the EEA
Regulations), or before the EU country which they are a national of, joined the
EU
• is the spouse or partner of a person present and settled in the UK and was
granted indefinite leave under the Immigration Rules (for example, Appendix
FM) on this basis
Holders of ILR under the routes associated with the European Communities
Association Agreement with Turkey (ECAA) are also eligible for NTL.
Dependants
Applicants can include the following dependants on their application form:
• spouse
• civil partner
• unmarried partner
• same-sex partner
• children who are under the age of 18
Children aged 18 or over cannot be included as dependants and must apply
separately. Children aged over 18 who are included as dependants must have their
application rejected as invalid.
You must consider each dependant in the same way as the main applicant and be
satisfied that each person has indefinite leave.
People who are not eligible to apply
You must not issue an NTL BRP where the person either:
• is a British citizen
• has the right of abode in the UK
• is an Irish citizen
• is a European Economic Area (EEA) national or their family member who
acquired a right of permanent residence under the Immigration (European
Economic Area) Regulations 2016 before they were revoked on 31 December
2020 subject to certain savings provisions
• is an EEA national or their family member who has been granted status under
the EU Settlement Scheme (EUSS)
• has been granted permission on the British National (Overseas) (BN(O)) route
British citizens
British citizens have the right of abode in the UK and are not subject to immigration
control. Any one of the following documents will normally be enough to determine
whether a person is a British citizen:
• current British citizen passport
• certificate of registration or naturalisation as a British citizen
• UK birth certificate showing birth in the UK before 1 January 1983
Page 8 of 33 Published for Home Office staff on 7 July 2024
• UK birth certificate showing birth in the UK on or after 1 January 1983 and
evidence that either parent was either a British citizen or settled in the UK at the
time of the birth
• a certificate of entitlement showing confirmation of British citizenship
Alternatively, you may be able to confirm a person is a British citizen by entries on
relevant case-working systems.
If, at the point of making a decision on the NTL application, you confirm the applicant
is a British citizen, you must void the application and send the applicant the
appropriate decision letter, advising that they are not eligible for an NTL BRP
because they are not subject to immigration control. If a fee was paid with an
application made before 6 April 2022, a refund should be issued.
If a person has applied for naturalisation as a British citizen but their application has
not yet been decided, you must grant the NTL application if they meet the
requirements.
Right of abode
Some Commonwealth citizens who are not British citizens have the right of abode in
the UK. This means that they are not subject to immigration control. A
Commonwealth citizen may present a certificate of entitlement to the right of abode
endorsed in a non-UK passport or travel document as evidence of the right of abode.
Alternatively, you may be able to confirm a person has the right of abode by entries
on ATLAS.
If an individual with the right of abode made a paid application prior to 6 April 2022, a
refund should be issued.
Irish citizens
Irish citizens are not normally subject to any form of immigration control on arrival in
the UK. Ireland is part of the Common Travel Area and, because of section 3ZA of
the Immigration Act 1971, Irish citizens do not generally require leave to enter or
remain in the UK (although please note Irish citizens who are subject to a
deportation order, exclusion direction or international travel ban do require leave to
enter or remain in the UK). Because they do not generally require leave to enter or
remain, Irish citizens who fall within section 3ZA of the 1971 Act are outside the
scope of the BRP regime entirely and we cannot issue them with a BRP. Because of
the special status of Irish citizens, it would be unnecessary in most cases for an Irish
citizen to apply for an NTL BRP as confirmation of status.
British Nationals (Overseas)
British Nationals (Overseas) (BN(O)s) granted settlement under the Hong Kong
BN(O) route are not eligible to make an NTL application as they will usually already
have a secure digital status instead of a physical document. Some applicants, who
were unable to verify their identity using the ‘UK Immigration: ID Check’ app when
applying for the BN(O) route, will have enrolled their biometrics as part of the
application process and will have automatically received a route-specific BRP upon
the successful conclusion of their application. When this latter cohort apply for
Page 9 of 33 Published for Home Office staff on 7 July 2024
settlement, they will receive a fresh BRP issued under the Hong Kong BN(O) route.
The online account of those who already had a digital status, meanwhile, will be
updated to reflect their indefinite leave once issued. Where holders of settlement
under the Hong Kong BN(O) route incorrectly apply for an NTL BRP using form
BRP/RS, the application should be voided.
EEA nationals without indefinite leave to remain/ with indefinite
leave under the EUSS
EEA nationals who were not granted ILR either prior to the Immigration (European
Economic Area) Regulations 2006 coming into force on 30 April 2006 (or prior to
their respective countries joining the EU), or who do not have ILR under the
Immigration Rules (not including Appendix EU to the Immigration Rules) as the
spouse or partner of a settled person in the UK, are not eligible for NTL.
An EEA national with ILR granted under the EU Settlement Scheme (EUSS) is not
entitled to a BRP and will instead have received a secure, digital status.
Individuals who held ILR under the Immigration Rules (other than Appendix EU to
the Immigration Rules) but who are subsequently granted EUSS ILR, will no longer
be eligible for a BRP and any NTL application they may make should be voided.
Non-EEA family members of EEA nationals
Non-EEA family members of EEA nationals who were resident in the UK before 31
December 2020 are also not entitled to a BRP and will instead need to make an
EUSS application to receive confirmation of their leave to remain. The exception is if
they hold leave other than under Appendix EU.
Family members who apply to the EUSS whilst already holding a Biometric
Residence Card (BRC), issued under the EEA Regulations as the family member of
an EEA national, will not automatically receive an EUSS BRC (BRCE) following a
successful grant of status under the EUSS. Rather, such individuals can apply online
to exchange their current BRC for a BRCE. They must use the BRC replacement
service and are not entitled to an NTL BRP.
Should EEA nationals or their non-EEA family members who hold status under the
EUSS (or those who have not yet applied to the EUSS but may be eligible to make a
late application to do so) proceed to make an NTL application, therefore, it must be
voided as inappropriate. The relevant void paragraph for this scenario should be
copied into the Rejection template on Atlas.
EEA nationals with permanent residence
Under the Immigration (EEA) Regulations 2016, EEA nationals who had been
exercising treaty rights in the UK for five continuous years, automatically attained
permanent residence status. They could apply for a document certifying permanent
residence (or, if the non-EEA national family member of an EEA national, a
permanent residence card) if they wished to evidence this status but were not
required to do so.
Page 10 of 33 Published for Home Office staff on 7 July 2024
Permanent residence status under the EEA Regulations is not valid after the end of
the grace period on 30 June 2021 (or once the holder has been granted EUSS
status, if sooner). The exception is if they had a pending application made before 30
June 2021, or an ongoing appeal against a refusal to issue EUSS leave. EEA
nationals or their family members who hold permanent residence should have
already made an application to the EUSS to exchange their permanent residence for
settled status before the scheme deadline, although they may be able to make a late
application if they meet the criteria.
They should not make an application through the NTL route. Should they do so, it
must also be voided as inappropriate. As above, the relevant void paragraph for this
scenario should be copied into the Rejection template on ATLAS.
Related content
Contents
Related external links
EU Settlement Scheme caseworker guidance - GOV.UK (www.gov.uk)
Permanent residence documents for EU, EEA or Swiss citizens - GOV.UK
(www.gov.uk)
Residence documents for foreign nationals in the UK - GOV.UK (www.gov.uk)
Hong Kong BN(O) (publishing.service.gov.uk)
Page 11 of 33 Published for Home Office staff on 7 July 2024
No time limit: consideration
This page tells you how to consider a no time limit (NTL) application.
Before considering an application for NTL, you must check that the:
• application is valid
• applicant’s passport or supporting documentation is genuine
Once you are satisfied the application is valid and the documents presented are
genuine, you must check that:
• the applicant has been granted indefinite leave, evidence of which includes the
following:
o an indefinite leave to enter (ILE) endorsement
o an indefinite leave to remain (ILR) endorsement
o previous no time limit endorsements
o returning resident visas
o open date stamps after ILE/ILR has been granted
o records on databases, such as central reference system (CRS) or ATLAS, or
paper files that show indefinite leave has been granted
o proof the applicant was settled in the UK on or before 1 January 1973 and
this status has not been lost or revoked
o a biometric residence permit (BRP) showing the applicant has ILE/ILR and
the date of issue
• the identity of the applicant has not changed (or where the identity has
changed, this is legitimate)
• the applicant has provided photographic documentary evidence confirming their
identity such as a:
o passport
o convention travel document
o Home Office travel document
o driving licence
o national identity card
• the applicant has not lost their indefinite leave due to absences from the UK
• the applicant has not had their indefinite leave revoked, or there are no grounds
for revoking their indefinite leave
• the applicant has not previously renounced their indefinite leave status of their
own free will
• the applicant is not a British citizen, EEA national with EUSS settled status, or
does not otherwise have the right of abode in the UK
• all documents and records relate to the applicant
Related content
Page 12 of 33 Published for Home Office staff on 7 July 2024
Contents
Page 13 of 33 Published for Home Office staff on 7 July 2024
People who were settled in UK on or
before 1 January 1973
This page tells you how to consider applications from people who were settled in the
UK on or before 1 January 1973.
Under Section 1(2) of the Immigration Act 1971, which came into force on 1 January
1973, persons who were ordinarily resident and free of immigration time restrictions
in the UK on this date are treated as having been given Indefinite Leave to Enter or
Remain (ILR) when the Act came into force, unless they were either:
• exempt from immigration control on this date
• had the right of abode in the UK
As long as the applicant has continued to reside in the UK and has not had their
indefinite leave revoked, or are not otherwise ineligible, they will have retained their
status. If a person who was settled in the UK before 1 January 1973 wishes to have
their status documented and confirmed on a biometric residence permit (BRP), they
must make a no time limit (NTL) application instead of making a fresh application for
indefinite leave.
The applicant should provide evidence they were present and settled in the UK on 1
January 1973 and have continued to reside here since. Evidence may include official
correspondence. As these applicants are stating they have been in the UK for a long
time it is important you treat these cases in a careful and sensitive manner. The
applicant must be given every reasonable opportunity to provide evidence to support
their claim.
For example, if the applicant is struggling to provide sufficient evidence in support of
their application, any circumstances that may indicate, on the balance of
probabilities, that they were settled in the UK on 1 January 1973 should be taken into
consideration. This could include if they got married or raised a family in the UK
before this date. Evidence will be assessed on a case-by-case basis and throughout
the process of engagement with the applicant, you may exercise discretion in their
favour where appropriate.
It is important for the applicant to provide a photographic identity document. This will
enable you to ensure that the documentation supplied to demonstrate residence,
belongs to the person making the application.
Loss of indefinite leave due to absence from the UK
Applicants who were deemed to have acquired indefinite leave through being settled
in the UK on 1 January 1973 may have lost their indefinite leave if they have since
been outside the Common Travel Area.
Before 30 July 2000, where a person travelled to a place outside the Common Travel
Area their leave would automatically lapse, and they required a further grant of leave
upon re-entry in order to resume settlement in the UK. Prior to 30 July 2000, an
individual would normally have met the returning residence requirements provided
they had been ordinarily resident in the UK within the previous two years.
Page 14 of 33 Published for Home Office staff on 7 July 2024
Until it was repealed on 1 August 1988, Section 1(5) of the 1971 Act ensured that
Commonwealth citizens and their wives and children, who were settled in the UK on
1 January 1973, were not by virtue of the Immigration Rules, any less free to come
and go from the United Kingdom than if the Act had not been passed. Section 1(5)
did not, however, prevent individuals’ leave from lapsing on leaving the Common
Travel Area prior to 1 August 1988. Individuals falling under Section 1(5) who left the
UK prior to 1 August 1988 and subsequently returned to the UK would still have
needed a further grant of leave in order resume their settlement. The immigration
rules in force at the time provided for leave to be granted on a person’s return within
two years, or on their later return if they had a sufficient connection to the UK.
Related content
Contents
Page 15 of 33 Published for Home Office staff on 7 July 2024
Indefinite leave following an asylum
claim
This page tells you how to consider applications from persons who have been
granted indefinite leave following an asylum claim
Exceptional leave to remain
If the applicant has been granted indefinite leave following 4 years’ exceptional leave
to remain and submits a convention identity document, you can return this to the
applicant on concluding their application unless the biometric residence permit (BRP)
is being issued in a different identity. If the BRP is being issued in a different identity
you must send the convention identity document to the travel documents section:
Travel Document Section Support Team
15
th
Floor, Lunar House
A convention identity document is a brown travel document.
When sending a convention document to the travel documents section you must
complete the relevant proforma.
Refugee status
If an applicant has been granted indefinite leave as a refugee, you will usually need
to issue a letter, advising of the potential consequences of travelling abroad where:
• they have obtained a national passport and want a biometric residence permit
(BRP) confirming NTL
• they have a passport or travel document that clearly shows they have travelled
back to the country from which they previously sought asylum
In some circumstances, such as when there is evidence of the applicant returning
multiple times to the country from which they sought asylum, a referral to SRU may
be required. Please discuss with your SCW if necessary.
Official – sensitive: start of section
The information on this page has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
Page 16 of 33 Published for Home Office staff on 7 July 2024
Asylum applicants who were granted indefinite leave following exceptional leave to
remain, humanitarian protection or discretionary leave must be considered as
normal.
Related content
Contents
Page 17 of 33 Published for Home Office staff on 7 July 2024
No documentary evidence of indefinite
leave
This page tells you how to consider cases where the previous passport is not
included with the application or does not show the applicant has indefinite leave.
If the applicant does not include their previous passport, biometric residence permit
(BRP) or immigration status document (ISD), you must check all available systems
and files for evidence to show they have been granted indefinite leave. This includes
the:
• relevant case-working system (CID whilst still in use, or ATLAS)
• central reference system (CRS)
• Home Office files
• visa application form (VAF)
You must also do this if the passport, BRP or ISD has been provided but it does not
show that the applicant has indefinite leave to enter or remain.
If the applicant claims their previous passport, BRP or ISD was lost or stolen you
must apply extra scrutiny to their case and the applicant must provide a crime
reference number or police report. You must update notes on the relevant case-
working system to show they have lost their passport or document. You must be
satisfied the applicant is the same person who was previously granted indefinite
leave.
You can grant the application provided you are satisfied the applicant:
• has indefinite leave
• has not lost this status
• is not otherwise ineligible
Related content
Contents
Page 18 of 33 Published for Home Office staff on 7 July 2024
Loss of indefinite leave
This page tells you how to check whether a person applying for a no time limit (NTL)
biometric residence permit (BRP) has lost their indefinite leave status following an
absence abroad.
Immigration Act 1971
Before 30 July 2000 if a person left the Common Travel Area, their leave would
lapse and they needed a further grant of leave upon re-entry (unless, for example
they were exempt from immigration control).
Leave to Enter and Remain Order 2000
In line with section 3(4) of the 1971 Act and articles 13 to 13B of the Leave to Enter
and Remain Order 2000, a person will now lose their indefinite leave where they
have been outside the UK for more than 2 continuous years unless any of the
following apply:
• 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
It may not always be clear whether a person has been outside of the UK for more
than 2 years and has lost their indefinite leave. Generally, you can establish a
person’s travel history by examining passports (where these have been submitted
with the application) and looking for visas and immigration stamps issued since
indefinite leave was granted.
You may need to contact the applicant to request proof of residence in the UK since
indefinite leave was granted if:
• indefinite leave was granted more than 2 years ago
• the evidence available in support of the application is not conclusive
• you are not satisfied that, on the balance of probabilities, the applicant’s
indefinite leave has not lapsed
You do not need to request additional evidence of residency from the applicant if
they have travelled outside the UK since they were granted indefinite leave and
either:
• it is clear they have not lost their indefinite leave status as they re-entered the
UK within 2 years
• they were issued indefinite leave less than 2 years ago
Page 19 of 33 Published for Home Office staff on 7 July 2024
Proof of residence in the UK
Where you have not been able to determine through other means whether the
person has not been absent from the UK for more than 2 years, you may need to
contact them to request additional evidence of their residence in the UK. Examples
of other evidence of residency you can accept 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
This list is not exhaustive. You should work flexibly with applicants to help them
evidence their residence in the UK by the best means available to them and should
exercise discretion in favour of the applicant where appropriate. If the applicant does
not respond to requests for additional evidence and no supporting documentation is
provided, you will need to make a decision based on the evidence currently
available.
If you are looking to adopt a ‘balance of probabilities’ approach, or to exercise
discretion over small gaps in an applicant’s evidence of residence, please refer to
your senior caseworker before making a decision.
Returning residents
If a person has been outside the UK for more than 2 continuous years, and has lost
their indefinite leave, they can apply for re-admission the UK as a returning resident.
From 6 July 2018, a person with indefinite leave who has been outside of the UK for
more than 2 continuous years, must apply for entry clearance as a returning
resident. Prior to this date, a person could apply for re-admission at the border.
Where the Border Force officer was satisfied they met the requirements of a
returning resident, they would endorse the passport with an open date stamp. In
such cases, you can issue a person with NTL where all other requirements are met.
Previously, if a person wanted re-admission as a returning resident, but there were
doubts that they fully met the requirements, they may have been granted limited
leave to enter for 2 months on code one conditions. They would also have been
advised to apply to the Home Office. Although this is no longer the practice, you may
still find applications where the applicant was given limited leave to enter for 2
months. The grant of limited leave is not, in itself, a revocation of indefinite leave and
the person may still be eligible for an NTL BRP.
If you find this type of application, you must be satisfied the applicant:
• had indefinite leave on the last occasion they left the UK
• submitted a successful application before the expiry of the limited leave to enter
granted at port
Page 20 of 33 Published for Home Office staff on 7 July 2024
You may grant the application provided you are satisfied the requirements are met.
Related content
Contents
Page 21 of 33 Published for Home Office staff on 7 July 2024
Change of identity
This page tells you how to consider no time limit (NTL) applications where there has
been a legitimate change of identity.
Most people living in the UK change their identity on official documents issued by the
Home Office for perfectly legitimate reasons, such as when they get married. A
change of identity may include a change to a person’s:
• name
• gender
• nationality
A person cannot change their date of birth, but they may apply to change the date
that is recorded on their documents.
Where the change is legitimate and is supported by documentary evidence, you can
grant NTL in the person’s new identity where all other requirements have been met.
In some cases, a person may apply for NTL in what they now claim to be their ‘true
identity’ after falsely claiming to have another identity for the purposes of their
application for settlement. You must give close scrutiny to these applications and
follow the guidance on identity deception for further information.
Change of name
If an applicant wishes to change their name on their BRP, this must be supported by
documentary evidence which connects the claimed name and the previous name.
Where there is a need to protect persons from risk of harm separate arrangements
should be implemented which protect the identity of the person who is seeking to
change their name. In addition, consideration will be given to allowing the person to
use more than one name for all purposes. The type of people who are included in
this group are:
• vulnerable victims of crime (for example victims of domestic violence or
stalking)
• vulnerable witnesses
Where a vulnerable victim or witness is seeking to change their name to prevent
them from harm, their application should be supported by an appropriate authority,
such as the police, refuge service or other accredited organisation.
Documentary evidence
Documentary evidence of a change of name may include one of the following:
• deed poll
• statutory declaration
• marriage certificate
Page 22 of 33 Published for Home Office staff on 7 July 2024
This list is not exhaustive and there are other forms of evidence that may be used to
show a change of name.
A statutory declaration of name change is similar to a deed poll. However, a person
cannot have a statutory declaration officially registered.
It is also essential that the applicant provides evidence to show that they are using
the new name for all purposes. They must have amended the details in any other
passports and any national identity cards they hold, unless there are exceptional
circumstances that would seriously adversely affect their life in the UK. The names
used in these documents take precedence over names used in other supporting
documents, such as marriage certificates and deed polls.
Where a foreign national applies to change their identity and claims not to hold a
foreign issued passport or a European Economic Area (EEA) identity card, you must
only change their identity where this is a legitimate change. The applicant must also
be one of the following:
• a recognised refugee
• a stateless person
• a person who has been granted Humanitarian Protection
In addition, it must also be accepted they cannot approach their national authorities.
Where recognised refugees hold a passport that was issued before they claimed
asylum they should be treated in the same way as other recognised refugees who
are unable to approach their national authorities. All other foreign nationals must
produce a passport or their EEA identity card in the new identity.
Legitimate reasons for a change of name
There are many reasons why a person may legitimately change their name.
Examples of this include (but are not limited to):
• changing a name to the anglicised version of a different script such as Chinese,
Arabic or Tigrinya - this may be legitimately done in order for their name to be
easier to spell, pronounce or understand in English
• taking a spouse or civil partner’s surname following a marriage /civil partnership
• reverting back to a person’s previous name following divorce
• personal choice
Where evidence has been provided for the change of name and you are satisfied
this is legitimate, you can issue NTL in the new identity.
Change of date of birth (DOB)
Where the change includes a change to the applicant’s DOB you must give close
scrutiny to the reason for the change. The full circumstances of the case must be
considered to establish why there is a discrepancy. For example does the applicant
want to change their DOB so that they are closer to pension age, or do they want to
make themselves younger so that they are able to access education? Has a person
changed their date of birth to avoid checks on their character or conduct? To grant a
Page 23 of 33 Published for Home Office staff on 7 July 2024
change to a person’s DOB you must be satisfied that it is a legitimate change and
that they are using one DOB for all purposes.
Change of gender
Transgender people who hold non-British passports and identity cards in their former
name and gender can apply for an NTL biometric residence permit in their acquired
name and gender. They will normally be expected to align their other passports or
identity cards to reflect their acquired name and gender. This is to show that they are
using one name for all purposes. However, an exception can be made where they
are from a country that does not recognise their acquired gender and are unable to
obtain a foreign passport in their new details.
Change of nationality
It is not uncommon for a person to change their nationality or hold dual nationality.
When considering an applicant’s request to amend their nationality you must be
satisfied that:
• it is a genuine change in circumstances
• the original decision to grant leave would not have been affected by this new
information
If a refugee or beneficiary of humanitarian protection is seeking to change their
nationality, you must refer the case to the Status Review Unit who will consider
whether the change affects the applicant’s right to remain in the UK.
Related content
Contents
Page 24 of 33 Published for Home Office staff on 7 July 2024
Identity deception
This page tells you how to consider an application where a person has used a false
identity prior to being granted indefinite leave and they are now applying for no time
limit (NTL) in another identity.
If you receive an NTL application in an identity that differs from that in which
indefinite leave was granted, you must be satisfied that the change is legitimate and
supported by the appropriate documentation, for example a marriage certificate or
deed poll.
If you suspect that the identity change is not on a legitimate basis, for example,
where a person has used a fraudulent identity for the purposes of an asylum claim in
an attempt to influence the outcome of that claim or to prevent them being removed
from the UK, you must refer the case to Status Review Unit (SRU) to review whether
the deception was material to the grant of indefinite leave.
Official – sensitive: start of section
The information on this page has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
If a decision is made by SRU to revoke the person’s indefinite leave, you can
proceed to refuse the NTL application.
If a decision is made by SRU to keep the indefinite leave in place, you can proceed
to grant the NTL on a biometric residence permit (BRP) in the person’s identity that
the Home Office accept to be valid.
Home Office previously informed of identity change
Prior to the grant of indefinite leave, an applicant or their representative may have
informed the Home Office of their true identity in the following ways:
• an explicit declaration
• an implicit declaration, for example a letter which has been headed regarding
‘Mr B previously known as Mr A’
If the Home Office accepted this for the purposes of that application, then you must
also accept this for NTL purposes. There is no need to refer these cases to SRU to
review.
Nullity of British citizenship
Where a grant of citizenship is a nullity, the person to whom the purported grant of
citizenship was made never acquired British citizenship in the first place. This is
different to deprivation of citizenship where a person has their citizenship removed
but we recognise they held British citizenship up until the point of deprivation.
Page 25 of 33 Published for Home Office staff on 7 July 2024
Where British citizenship has been declared a nullity, the applicant will revert to their
status at the time of the purported grant of citizenship. In most cases, this will be
indefinite leave to enter or remain.
When considering an application for an NTL BRP, you must check the relevant case-
working systems to confirm whether:
• the applicant has acquired British citizenship which has since been declared a
nullity
• the reasons for the nullity
Where a person has had their citizenship declared a nullity because they had either
assumed the identity of another person or created a new identity, this may mean that
they never had indefinite leave in the first place. You must check the relevant case-
working systems for details of previous immigration history. If you are unsure, you
must contact your senior caseworker for advice.
Return of immigration documentation
In all cases where a person has applied in a new identity to that in which they were
granted indefinite leave, you must request the return of any immigration
documentation which contains their previous identity.
Related content
Contents
Page 26 of 33 Published for Home Office staff on 7 July 2024
Case examples
This page provides examples of cases where a person has applied for a no time limit
(NTL) biometric residence permit (BRP) in a different identity to that in which they
have previously been granted.
Change of name
Example 1
Mr A arrived in the UK as a student and was granted ILR on the grounds of long
residence in 2010 in the name of Mr A. In 2012 an application for NTL was submitted
in the identity of Mr P. Mr P provides a deed poll dated 2011 with an explanation that
he no longer wishes to be known by the name of Mr A. He also produces a passport
which confirms his new identity as Mr P. In these circumstances, you can issue a
BRP in the identity of Mr P, provided all other requirements of NTL have been met.
Example 2
Mrs B was granted ILR in 2005 in the UK following 4 years’ exceptional leave to
remain. An application for NTL is made in the identity of Ms R on the basis that she
has recently got divorced and wishes to revert to her maiden name. Evidence of her
marriage certificate and divorce certificate has been provided along with her latest
passport showing her identity as Ms R. You can issue a BRP in the identity of Ms R
provided all other requirements of NTL have been met.
Example 3
Ms C was granted ILR in 2015 under Tier 1. She applies for NTL in 2017 and shows
a birth certificate which shows her identity as Ms T. Her date of birth and nationality
are unchanged. Ms T has provided no explanation as to why she has previously
used a different identity. You must refer the case to SRU for review.
Change of date of birth (DOB)
Example 1
Mr D has a DOB of 12/03/90. He was granted discretionary leave in 2006 as an
unaccompanied minor following an unsuccessful asylum claim and was granted ILR
in 2011. He subsequently applies for NTL and provides a birth certificate showing his
date of birth as 12/03/1988. There is no evidence that this information was available
at the time of his asylum claim or his application for ILR. As the original date of birth
given would have meant he was considered a minor at the time instead of an adult,
this may have influenced the grant of DL. You must refer the case to SRU to
consider whether the ILR should now be revoked before a decision is taken on the
NTL application.
Example 2
Mr E was granted ILR as the spouse of a British citizen in 2012. Mr E’s BRP
confirming ILR stated his DOB as 11/10/1982. He applies for NTL in 2014 and asks
for his date of birth to be amended from 11/10/1982 to 10/11/1982 as this was
incorrectly recorded by the Home Office. He submits his birth certificate and passport
which confirms his date of birth as 10/11/1982. In these circumstances where you
are satisfied the change is legitimate and was recorded incorrectly, you can issue
NTL in the new identity.
Page 27 of 33 Published for Home Office staff on 7 July 2024
Change of nationality
Example 1
Mr F was granted ILR as an Indian national on the basis of long residence. He
subsequently marries an Australian national and applies for naturalisation as an
Australian citizen which he is granted. As a result he automatically loses his Indian
nationality. Mr F applies for NTL as an Australian citizen and provides evidence of
this in the forms of an Australian passport as well as a letter from the Indian
authorities that he has lost his Indian citizenship. In this example, you can issue an
NTL BRP to Mr F in his new identity provided all other requirements of NTL have
been met.
Example 2
Mrs G was granted ILR following a successful asylum application as a Kosovan
national in 2011. In 2017 he applies for NTL claiming to be an Albanian national. He
claims that he was told to falsely claim to be Kosovan by an agent who smuggled
him into the UK as it would help with his asylum claim. In this instance you must refer
the case to SRU to consider whether the false identity was material to his claim for
asylum.
Related content
Contents
Page 28 of 33 Published for Home Office staff on 7 July 2024
Additional checks
This page tells you what additional checks should be made when considering
whether to grant no time limit.
Official – sensitive: start of section
The information on this page has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
Related content
Contents
Page 29 of 33 Published for Home Office staff on 7 July 2024
Refusing a no time limit application
This page tells you how to refuse an NTL application.
An application for an NTL BRP must be refused if:
• you are not satisfied that there are genuine reasons why a person has changed
their identity and/or that the new identity will be used for all purposes (please
note there must be sufficient documentation to support this view if you plan to
refuse on the grounds of the identity change not being genuine - SCW advice
should have been sought if required)
• there is not enough evidence the applicant has indefinite leave (if the applicant
holds limited leave do not refuse outright – please refer first to relevant
caseworker instructions on re-confirming applications that have been incorrectly
made for NTL instead of using the TOC application form or the BRP
replacement service and follow this process if relevant)
• the applicant submitted false documentation or made false representations
• the applicant has lost their indefinite leave status, or this has been revoked
Referring to Immigration Enforcement
When refusing an application, you must consider signposting the refusal to
Immigration Enforcement.
A referral is not required where:
• the applicant is a British citizen or otherwise has the right of abode in the UK
• the applicant holds valid leave to enter or remain, indefinite leave to enter or
indefinite leave to remain
• the applicant is an EEA national and/or has a right of residence under EU law
A referral will be required where:
• there is no evidence presented from the applicant or held on Home Office
systems to show that the applicant holds valid leave to remain, indefinite
leave to enter or indefinite leave to remain
• there is evidence that fraudulent documents have been presented in support
of the application
You must seek advice from a senior caseworker where the applicant has failed to
provide sufficient evidence that they currently hold indefinite leave and either:
• the applicant was born in the UK
• the applicant has lived in the UK for more than 20 years
If it is agreed that a referral is not required, but that the application falls for refusal,
your refusal letter must include the following paragraph:
Those who cannot prove that they have the right to remain in the UK are unable to
legally work or access public funds and may be removed from the UK. You should
therefore make a fresh application and provide (specify missing documents) as soon
as possible. If you are unable to provide these, you should seek advice about your
Page 30 of 33 Published for Home Office staff on 7 July 2024
immigration status as a matter of urgency. Further information is available at
https://www.gov.uk/find-an-immigration-adviser.
Refusal on basis of change of identity
If there is no evidence on file that the applicant informed the Home Office of a
change of identity, template letter ICD 1100 should be used with the following
wording:
‘On [01 January 20**] you made an application for your indefinite leave to be
transferred from your passport / Immigration Status Document on to a biometric
residence permit, but your application has been refused.’
or
‘On [01 September 2009] indefinite leave to remain was granted to [Mr AAAA
BBBB], born [09 September 1982, Chinese] national.
You have requested that the indefinite leave/No Time Limit stamp be transferred
from the Immigration Status Document of [Mr AAAAA BBBB], born [09 September
1982, Chinese ] national to a biometric residence permit in the identity of [Mr
CCCCC DDDD], born [26 August 1982, Iranian] national.
Your application has been refused as the Secretary of State is not able to provide
a biometric residence permit in an identity which differs from the one in which you
were granted leave, unless there are legitimate reasons why your details have
changed. We are not satisfied you have provided any evidence of legitimate
reasons as to why your identity has changed i.e. marriage.
Official – sensitive: start of section
The information on this page has been removed as it is restricted for internal Home
Office use.
Official – sensitive: end of section
The passport you provided in support of this application has been retained by the
Home Office pending further investigation.
There is no right of appeal against this decision.’
Following refusal, the outcome should be recorded on CID and a special conditions
marker ‘Identity Dispute’ set. The notes section should be clearly annotated to state
that a full HO file search has been conducted. This will negate the need to perform a
repeat search if a reconsideration or JR is received.
Right of appeal
If you refuse a no time limit application, the applicant has no right of appeal against
your decision. This is because a refusal of a no time limit application is not an
Page 31 of 33 Published for Home Office staff on 7 July 2024
immigration decision, according to section 82(2) of the Nationality, Immigration and
Asylum Act 2002.
Reconsideration requests, pre-action protocols or judicial
reviews
If you receive a reconsideration request, pre-action protocol letter or judicial review
claim, you must first check the case information database (CID) notes from the
original refusal. If the CID notes clearly state that a full Home Office (HO) file search
was conducted and no evidence of a declaration of the true identity found then the
reconsideration can be refused.
Alternatively, if there were no case-working notes on CID you must request the HO
file(s) and conduct a thorough examination to ensure that the HO has no record of
being notified of the alternative identity prior to the grant of leave. If there is evidence
that the HO were notified, you must overturn the decision to refuse and grant NTL. If
there is no evidence on the HO file that the applicant informed the HO then you must
maintain the refusal.
Related content
Contents
Page 32 of 33 Published for Home Office staff on 7 July 2024
Issuing a biometric residence permit
This page tells you how to issue a biometric residence permit (BRP) depending on
the document the applicant holds.
Passport
Official - sensitive: start of section
The information on this page has been removed as it is restricted for internal Home
Office use.
Official - sensitive: end of section
Biometric residence permit
In certain circumstances, a person may apply for a no time limit (NTL) BRP when
they have already been issued with a BRP confirming their settled status.
If a person makes an NTL application whilst they hold a valid BRP confirming their
indefinite leave and the application is more than 2 years from the date of issue of the
BRP or they are asking to change their identity details, you must:
• check the applicant has not lost their settled status
• cancel the BRP confirming indefinite leave on the identity card for foreign
national (ICFN)
• hole punch the chip
• forward the cancelled card to biometric immigration document management
unit (BIDMU)
• order the new BRP confirming NTL
Page 33 of 33 Published for Home Office staff on 7 July 2024
If a person makes an NTL application whilst they hold a valid BRP confirming their
indefinite leave and the application is less than 2 years from the date of issue of the
BRP and they are not asking to change their identity details, you must:
• reject the application
• tell the applicant to make a new application using form BRP(RC)
Related content
Contents