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Dear Mr Bassie,

I am entitled to remain in the United Kingdom (UK) and I have the visa in my old passport to prove it. I am presently in Jamaica and I am getting ready to return to England. Although I now have a new passport will I have any trouble re-entering the UK?

Your advice will be appreciated.

- L.K.

Dear L.K.

You have not told me what your legal status is with respect to the UK but all things considered, I will answer based on the limited information you have given me.

It is possible for you to transfer your visa to a new passport. You can ask the UK authorities to transfer your residence permit (known as 'leave to enter' or 'leave to remain') from your old passport to your new one.

However, you should note you do not need to transfer your residence permit to your new passport. If you choose not to transfer your permit, you should carry both passports when returning to the UK. Both passports should be presented to the authorities on arrival, and this will prove to the immigration officers you have the right to be in the UK. If you cannot produce your residence permit when you arrive at the border, you may not be allowed to re-enter.

You should be aware that the authorities will not be able to transfer your residence permit to your new passport at passport control when re-entering the UK. If you can prove you are entitled to live there, the immigration officer at your port of entry will put a date stamp in your new passport. You must then send the authorities an application asking them to place a residence permit in your new passport. This application can only be made by you when you are in the UK.

When making the application you should ensure that if the residence permit in your old passport says you have permission to settle permanently in the UK, (called 'indefinite leave to remain'), then you must apply for a 'no time limit' (NTL) stamp using form NTL

Also, if the residence permit in your old passport says you have permission to be in the UK for a limited period (called 'limited leave to remain'), then you must apply for a 'transfer of conditions' (TOC) stamp using form TOC. In addition, you will also need to apply for a compulsory biometric residence permit.

Application process

There is a lot of information on the pages when completing the NTL or TOC form, and in addition, there are supporting documents that contain more information about the application process. It is important that you carefully read the detailed guide in full before you complete your form as the authorities will not refund your application fee if they refuse your application, or even if you withdraw it.

Please note, the UK authorities consider it your responsibility to ensure that your travel documents are up to date and valid. An immigration officer will decide whether or not to let you back into the country, based on the evidence that you provide him or her with upon arrival.

I hope that this helps to prepare you for your return to the UK.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.