It is now possible for employers to accept evidence of indefinite leave to remain (ILR) in an expired passport
It has been decided by the UK Border Agency to review its policy regarding whether indefinite leave to remain in an expired passport should be accepted by employers as evidence of right to work, and as a result from 2nd of August 2010 under the illegal working civil penalty regime, UK Border Agency now accepts for employers to accept indefinite leave to remain in an expired passport as evidence of right to work.
However, please note that employers are still encouraged to undertake the same checks in connection with expired passports as would be taken in connection with a valid (or in date) passport. If you require further information please click here for a summary of guidance for employers.
The UK Border Agency maintains that under current legislation it is appropriate to advise employers that they must see evidence of indefinite leave to remain in a valid passport, however as a result of the review of the policy it is now possible, as mentioned above, to accept an prospective employee’s indefinite leave to remain in an expired passport as evidence of a right to undertake work for you.
UK Border Agency will be issuing new guidance in the light of this and amendments to the 2007 Order are being considered and will be made in due course.
In cases where the issue of indefinite leave to remain in an expired passport arises UK Border Agency will take into consideration all circumstances including the required checks, before a penalty notice is issued.
This change does not however, affect the certificate of entitlement to the right of abode as this remains to be only acceptable as evidence of right to work when produced in a valid (or in date) passport/travel document.
If you have any queries regarding illegal working please contact our experienced lawyers on 0207 569 3035 or email us at info@ergensharif.co.uk.
4th August 2010
Lorin Sulaiman, Ergen & Sharif