No Time Limit (NTL) – purpose, procedure and its future

No Time Limit (commonly known as NTL) is an administrative process that gained wider awareness in light of the rollout of the new digital immigration status (eVisa). For many years this application has served as a remedy to those who have had their indefinite leave to enter or remain status (also known as “settlement”) lost, stolen or expired. With the introduction of an eVisa, those who are unable to convert their “settled” status to the digital format due to lack of a valid Biometric Residence Permit (commonly known as a BRP) card, should lodge an NTL application to get the ILR converted to the digital format.

Historically, those who have their “settled” status endorsed in an old passport or hold the status in the form of a legacy document, could convert it to a BRP to evidence the right to work or rent in the UK or to facilitate travel. As a procedure went, the Home Office required the applicant to provide evidence of UK residency since being granted the status and to confirm that the applicant has not left the UK for more than 2 consecutive years at any point in time. This became an issue for those, who were granted the ILR status decades ago or who cannot evidence the residency (e.g. due to unemployment).

On the 11th of October 2024, the Home Office held a webinar session on the NTL applications, during which they confirmed that if the applicant can provide evidence of holding indefinite leave and has not lost it by being absent from the UK for 2 consecutive years, no evidence of UK residency should be requested. The application form will be simplified to streamline the process.  The current processing time is around 3 months.

The question was posed as to what approach the Home Office will take when receiving applications where there was more than a 2-year absence during the COVID pandemic but there was no break in UK residency since. Such applications, as confirmed by the Home Office, will be decided on a case-by-case basis. As a reminder, since 6 July 2018, those who have been absent from the UK for 2 consecutive years and whose ordinary residence isn’t in the UK, must apply for entry clearance as a returning resident.

The Home Office also confirmed that there is no immediate need to apply for NTL but there will be benefits in doing so. In light of the hostile environment, it is yet to be seen whether ILR status holders (otherwise than in digital format) will experience any issues as of the 1st of January 2025, especially when travelling abroad, however, it seems that the whole purpose of digitalising the immigration status is to stop accepting paper documents sooner rather than later. Having said that, the Home Office has confirmed that Right of Abode (ROA) holders, who usually have their passport endorsed with an ROA vignette, will not be able to convert the status to the digital format at any time soon.

With BRP cards going out of circulation at the end of October 2024, NTL applicants will be able to create an eVisa account as a part of the NTL application process. Those who lost BRP recently but still have a record of its number, can create an eVisa account using the BRP number without going through the NTL process.

 

Our immigration team is well-versed in the NTL process. Do not hesitate to reach out for assistance.

 

This article is provided  for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com