How to Make an NTL Application

ntl application

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You’ll need to make a No Time Limit application if you have an old-style immigration document and want to have your immigration status confirmed on a Biometric Residence Permit. Since 6 April 2022, the Home Office have also waived the application fee, so the process is now free of charge.

Importantly, from 1 January 2025, immigration status in the UK must in most cases be proven using an eVisa. To obtain an eVisa, individuals with UK immigration status will need to register for a UKVI account to access and verify their status online, which will require you to have a BRP proving your current status. As such, those with an older style ILR endorsement are advised to submit an NTL application as soon as possible to ensure they secure proof of their lawful status in the UK.

In this guide, we look at what it means to apply for No Time Limit, as well who can apply and how to apply.

 

What is a No Time Limit application?

 

A No Time Limit application, or an NTL application, allows overseas nationals in the UK who have either Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) evidenced in an old-style immigration document, as well as those who have lost their documentation or have no proof of their indefinite leave status, to upgrade to a Biometric Residence Permit (BRP).

A person who has either ILE or ILR is free of immigration time restrictions and considered to be ‘settled’ in the UK, provided they are ordinarily resident. The BRP can be used to confirm this. A BRP holds an individual’s personal data, biometric information and immigration status.

The UK Home Office is looking to increasingly replace physical and paper-based products and services with accessible and easy-to-use online services, in this way providing a fully end-to-end digital experience for overseas nationals living in the UK. By allowing overseas nationals to upgrade their non-digital proof (or absence of proof) of ILE or ILR to an NTL BRP, this will help them to navigate this transition, where those who qualify are being encouraged to apply.

 

Who can make an NTL application?

 

To qualify for an NTL BRP, the overseas national must:

 

  • have ILE or ILR in the UK, including those who were deemed ‘settled’ in the UK on or before 1 January 1973 in accordance with section 1(2) of the Immigration Act 1971, provided they’ve continued to reside in the UK since that date
  • have not lost their ILE/ILR, for example, by being absent from the UK for a continuous period of two or more years since 2000
  • continue to be entitled to ILE/ILR, where indefinite leave hasn’t been or won’t be revoked.

 

Qualifying individuals with ILE or ILR can make a No Time Limit application to have their existing UK immigration status transferred to a BRP in the following circumstances:

 

  • they have indefinite leave in an old-style legacy immigration document, such as a vignette in a passport
  • their document containing their status or endorsement has been lost, stolen or has expired
  • they are settled in the UK but don’t have any documentary proof confirming their indefinite leave status, for example, because they were deemed settled on 1 January 1973
  • they need to amend the details on their evidence of UK status, for example, the name on their immigration document, where they
  • have legitimately changed their identity since being granted indefinite leave and want this documented and confirmed on a BRP.

 

Individuals with limited leave cannot make an NTL application. They must instead make an application to transfer conditions if they wish to have their status confirmed on a BRP. The only scenario in which someone with limited leave can make a No Time Limit application is if they were granted two months’ leave to enter the UK by a Border Force Officer who wasn’t satisfied that the person had indefinite leave on entry following their absence.

 

Benefits of making an NTL application

 

It’s not mandatory for an individual to apply for digital confirmation of UK immigration status, but there are various benefits to having an NTL BRP, including the fact that BRP’s:

 

  • have enhanced security features which cannot be found on an old-style vignette, meaning there is far less possibility of it being used fraudulently by someone else
  • are evidence that a person has the right to live permanently in the UK, and to access certain benefits,
  • providing the holder with a quick and easy way to show all this information, and peace of mind in terms of their immigration status and rights
  • will facilitate straightforward travel to and from the UK.

 

What is the process to make an NTL application?

 

No Time Limit applications must be made from within the UK and online at GOV.UK, using the NTL application form. The applicant will also be required to provide their biometrics and submit supporting documentation, including any existing legacy immigration document, together with photographic evidence confirming their identity, such as a passport, driving licence or national identity card. The photographic identity document is to ensure that any other documentation supplied in support belongs to the person making that application.

The nature of any additional documentation required will depend upon the reasons for the NTL application. For example, evidence of residence may be needed if the applicant is applying because they don’t have any documentary proof confirming their indefinite leave status. Equally, where there has been a legitimate change of identity, the applicant will need to provide proof of their name change, such as a deed poll, statutory declaration or marriage certificate, together with evidence to show that they’re using the new name for all purposes.

Applicants can include their spouse, partner or dependent children under the age of 18 on their NTL application form, although each dependant will be assessed in the same way as the primary applicant. This means that the Home Office must be satisfied that each person has indefinite leave status. Children aged 18 or over must apply separately.

 

What happens if the applicant has no proof of indefinite leave?

 

Given that an applicant will be eligible to apply for an NTL BRP if they are deemed settled in the UK but don’t have any documentary proof of this, or their document containing their indefinite leave status has been lost or stolen, specific provision is made within the Home Office guidance for caseworkers to check all available systems and files for evidence to show that the applicant has indeed been granted indefinite leave.

This means that being unable to provide a previous passport, BRP or immigration status document (ISD) is not a bar to making an NTL application, nor to being granted an NTL BRP, provided the caseworker is able to establish in some way that the applicant had been granted ILE or ILR. The caseworker must also be satisfied that the applicant hasn’t lost this status, is not otherwise ineligible and that they’re the same person previously granted indefinite leave.

However, if the applicant claims that their previous passport, BRP or ISD was either lost or stolen, they must be able to provide the Home Office with a crime reference number or police report. In cases where the passport, BRP or ISD has been provided by the applicant, but it doesn’t show that they have indefinite leave status in the UK, the caseworker will again need to check all available systems and files for evidence of indefinite leave status.

In the case of those who were deemed settled in the UK on or before 1 January 1973, they’ll need to satisfy the Home Office that they have continued to reside in the UK since that date. This could include any official correspondence received during this timeframe, although if the applicant is struggling to provide sufficient evidence of residence, the caseworker dealing with the application must take into consideration any circumstances that may indicate, on the balance of probabilities, that the applicant was settled in the UK on 1 January 1973. In such cases, the evidence will be assessed on a case-by-case basis, where the caseworker may exercise discretion in the applicant’s favour over any small gaps in any evidence of residence.

 

When will indefinite leave be lost due to absences from the UK?

 

There are various circumstances in which leave can be lost due to absences from the UK, for example, 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’ve since been outside the Common Travel Area (CTA). Before 30 July 2000, if a person left the CTA, their leave would usually automatically lapse and they would require a further grant of leave upon re-entry to the UK to resume settlement. However, an individual would normally have met the returning residence requirements if they’d been ordinarily UK resident within the previous two years.

Under 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 indefinite leave status where they’ve been outside the UK for more than a continuous period of two years unless any of the following apply:

 

  • they’re the dependant of a member of HM Armed Forces and have been accompanying them overseas
  • they’re the dependant of a British citizen or settled person in permanent employment within either the Foreign and Commonwealth Office, Department for International Development, Home Office or British Council and
  • they’ve been accompanying them overseas
  • they return to the UK in circumstances where they don’t require leave to enter.

 

As it may not always be clear whether a person has been outside of the UK for more than two years and has lost their indefinite leave, the Home Office may request additional evidence of residency. This could include council tax letters, letters confirming tenancy or mortgage payments, utility bills, letters from employers that confirm employment, wage slips or P60s, attendance records from an educational institution, or letters that confirm registration with a doctor and/or dentist which also show dates of appointments.

 

How much is an NTL application?

 

Since 6 April 2022, NTL applications have been free of charge.

 

How long do NTL applications take to process?

 

Once an NTL application has been submitted, and all supporting documentation has been received by the Home Office, the applicant may have to wait up to six months for a decision. This may be the case if requests are made for additional information, although the majority of applications for an NTL BRP should be decided within six to eight weeks.

 

Can an application be made for citizenship without an NTL BRP?

 

To be able to apply for British citizenship, the applicant will need evidence that they’re free from immigration time restrictions. By already having in place an NTL BRP, this will provide clear proof of ILE or ILR in support of an application for naturalisation.

 

BRPs & eVisas

 

New BRPs are now being issued with an expiry date of 31 December 2024, regardless of whether the individual’s permission or status goes beyond this date. This is due to the new eVisa system, which from 1 January 2025 will enable individuals to prove their status online.

 

No Time Limit Application FAQs

 

What is an NTL application?

An NTL application allows individuals who have indefinite leave to remain (ILR) in the UK to request a replacement Biometric Residence Permit (BRP) if theirs has expired, been lost, or is damaged.

 

Who needs to apply for NTL?

Anyone with ILR who no longer has a valid BRP or whose BRP has expired should apply for NTL to confirm their immigration status. You may also need an NTL to obtain a BRP before you can set up your eVisa.

 

How long does the NTL application process take?

Processing times can vary, but it generally takes around 8 weeks from the date the application is submitted. Delays may occur if additional documents are requested.

 

What documents are required for the NTL application?

You’ll need to provide your current or expired BRP, passport, proof of your ILR status, and other supporting documents that confirm your identity and residency.

 

What happens if my NTL application is rejected?

If your application is rejected, you will be informed of the reasons and what steps you can take. You may be able to reapply or appeal the decision depending on the circumstances.

 

Can I travel while my NTL application is being processed?

It is generally not advisable to travel outside the UK while your NTL application is pending, as you may encounter issues when returning to the UK without a valid BRP.

 

What should I do if I make a mistake on my application?

If you realise you’ve made an error on your NTL application, contact the Home Office as soon as possible. They may be able to correct the mistake, but it’s important to act quickly.

 

Do I need legal assistance to apply for NTL?

While it’s not mandatory to seek legal advice, it can be beneficial, especially if your case is complex or if you’re unsure about the application process. Legal experts can help ensure your application is complete and accurate.

 

Glossary

 

Term Definition
NTL (No Time Limit) A status that confirms an individual has indefinite leave to remain (ILR) in the UK, but no longer has a valid Biometric Residence Permit (BRP).
Indefinite Leave to Remain (ILR) An immigration status granted to a person allowing them to live and work in the UK indefinitely without the need for further visas or immigration control.
Biometric Residence Permit (BRP) A physical card that confirms an individual’s immigration status in the UK, including their right to stay, work, or study in the country.
Home Office The government department responsible for immigration, security, and law and order in the UK.
Application Form The official form that must be filled out and submitted to apply for NTL status or a replacement BRP.
Supporting Documents Additional paperwork required to confirm an applicant’s identity, residency, and eligibility for NTL status.
Processing Time The duration it takes for the Home Office to review and make a decision on an NTL application.
Fee Waiver A reduction or exemption from the application fee, available in certain circumstances, usually based on financial hardship.
Eligibility Criteria The set of requirements that an applicant must meet to qualify for NTL status.
Appeal The process of challenging a rejected application decision, usually requiring legal representation or further documentation.
Application Tracking The system used to monitor the status of an NTL application after submission, usually available online.
Legal Advice Professional guidance provided by immigration solicitors or advisors to help applicants navigate the NTL application process.
Immigration Status The legal standing or rights an individual holds in the UK, which can include the right to live, work, study, or access public services.
Expired BRP A Biometric Residence Permit that has reached its expiration date, requiring the holder to apply for a replacement to maintain proof of their status.
Rejection Notice A formal communication from the Home Office informing an applicant that their NTL application has not been successful, usually with reasons provided.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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