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Employment, proof of ID with expired documents

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  • LAWYER RESPONSE Employment, proof of ID with expired documents

    Hello,

    I have recently received my settled status and naturally resumed my activity of trying to find a job.

    However, since my ID and passport have both expired, I was denied starting a job. The issue is, I am going to get a temporary passport in the next couple of weeks but even with this information the HR assistant of the company refused to continue with the hiring process.

    My question is, is the settled status itself considered a proof of ID? Is there anything I can do in order to get the job? Bare in mind that my ID officially expires tomorrow (technically it expired in January but due to COVID-19 the issuing country extended its validity until July 31st). That still wasn't enough for the company to continue with the process.

  • #2
    Originally posted by ePlus View Post
    Hello,

    I have recently received my settled status and naturally resumed my activity of trying to find a job.

    However, since my ID and passport have both expired, I was denied starting a job. The issue is, I am going to get a temporary passport in the next couple of weeks but even with this information the HR assistant of the company refused to continue with the hiring process.

    My question is, is the settled status itself considered a proof of ID? Is there anything I can do in order to get the job? Bare in mind that my ID officially expires tomorrow (technically it expired in January but due to COVID-19 the issuing country extended its validity until July 31st). That still wasn't enough for the company to continue with the process.
    Louis M (lawyer) Would you be able to comment on this?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Well the difficulty is that fundamentally, it is up to your employer as to what internal rules they put in place.

      However, I would argue they are wrong to take this approach. They can check your immigration status and right to work: Checking a job applicant's right to work - GOV.UK

      This is all they need to carry out a right to work check. If they do the check they even see a photo of you.

      From a right to work perspective, they do not ALSO need your passport. They might have some separate internal policy of taking a copy of people's passport - but this is not required under Right to Work, where someone has established their status through the online check. Furthermore, if they do insist on a passport, it seems particularly unnecessary to insist on a current passport. After all, your ID does not change.

      I am an immigration solicitor regulated by the Law Society of England and Wales.  I work at Truth Legal Solicitors where I am Head of Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Louis M for full details.

      Comment


      • #4
        Originally posted by Louis M View Post
        Well the difficulty is that fundamentally, it is up to your employer as to what internal rules they put in place.

        However, I would argue they are wrong to take this approach. They can check your immigration status and right to work: Checking a job applicant's right to work - GOV.UK

        This is all they need to carry out a right to work check. If they do the check they even see a photo of you.

        From a right to work perspective, they do not ALSO need your passport. They might have some separate internal policy of taking a copy of people's passport - but this is not required under Right to Work, where someone has established their status through the online check. Furthermore, if they do insist on a passport, it seems particularly unnecessary to insist on a current passport. After all, your ID does not change.
        Thank you for the answer. I do also have a valid, up-to-date EU-issued driving licence. In 3-weeks time I will also obtain a temporary passport from the embassy. My question is, is any of these documents considered a proof of ID in the UK?

        Comment


        • #5
          Originally posted by ePlus View Post

          Thank you for the answer. I do also have a valid, up-to-date EU-issued driving licence. In 3-weeks time I will also obtain a temporary passport from the embassy. My question is, is any of these documents considered a proof of ID in the UK?
          Morning,

          I should think so, since they are official documents.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment

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