Birth Certificate (no passport)

[Sar78]

My employee had lost her passport so she provided her full birth certificate and showed me a document with her NI number.
According to HMRC, this was enough to prove she is a settled worker (the Gov.uk guidance confirms this).
On another thread someone said that the HO will only accept this if one of the parents is listed British. The BCs only write place of birth though and not nationality. Her parents are foreign-born but the family got British citizenship when the employee was 5.

Is this an issue?
She has offered to get a renewed passport now but it will not prove she was a citizen when she started work. I was planning to submit BC plus the copy of the document that also has her NI, but I'm left a little worried about the person suggesting that the BC has to show at least one British born parent.

[cappachino]

Does not matter when she gets her passport all it says in the guidance is that you need to prove the employee is a uk or European union citizen or settled worker

[Sar78]

Does not matter when she gets her passport all it says in the guidance is that you need to prove the employee is a uk or European union citizen or settled worker

Thank you for your reply.
If she gets passport now, it will have an issue date of 2016. I am claiming points for 2015 & applying for extension soon. That's why I accepted the UK BC after checking with HMRC.

[cappachino]

Does not matter as long as you can prove that the employee is a settled worker does not matter if the passport was issued after or before she joined

[Sar78]

Thanks for sharing your views.
I will read through the guidance again but I think the proof of settlement has to be for the entire period of employment.

[dd156]

Does not matter as long as you can prove that the employee is a settled worker does not matter if the passport was issued after or before she joined

??
You have to prove that employee worked for you throughout as a settled worker. The guidance says birth certificate is ok but does not give details.

[Sar78]

Thank you to those who have offered their views.

Any other opinions on this?

[zimba]

The birth certificate is only acceptable as long as it shows the name of at least a British parent. This is because you don't become British if born in the uk, unless at least one of your parents was British.

[Sar78]

The birth certificate is only acceptable as long as it shows the name of at least a British parent. This is because you don't become British if born in the uk, unless at least one of your parents was British.

Hi Zimba

The birth certificate only shows the place of birth of parents, not their nationality. My employee's father is British, as he naturalised.
Do you think if my employee gets a British passport now, it will be ok? Or will that not help as I am claiming points for 2015?

[zimba]

The birth certificate is only acceptable as long as it shows the name of at least a British parent. This is because you don't become British if born in the uk, unless at least one of your parents was British.

Hi Zimba

The birth certificate only shows the place of birth of parents, not their nationality. My employee's father is British, as he naturalised.
Do you think if my employee gets a British passport now, it will be ok? Or will that not help as I am claiming points for 2015?

I didn't say it has to show parents nationality, obviously it doesn't. But it must show at least a British parent name. This way HO can verify that your employee automatically became British when born here. Read immigration rules appendix A.

[Sar78]

Hi Zimba
Thanks for your message.

She is now offering to show me her child passport issued in the 1990s. The HO right to work document says expired passports if those of UK citizens may be accepted but nothing specifically on child passports. Still better than nothing.

[whiteroses]

The birth certificate is only acceptable as long as it shows the name of at least a British parent. This is because you don't become British if born in the uk, unless at least one of your parents was British.

Hi Zimba

The birth certificate only shows the place of birth of parents, not their nationality. My employee's father is British, as he naturalised.
Do you think if my employee gets a British passport now, it will be ok? Or will that not help as I am claiming points for 2015?

I didn't say it has to show parents nationality, obviously it doesn't. But it must show at least a British parent name. This way HO can verify that your employee automatically became British when born here. Read immigration rules appendix A.

One parent (or both parents) has to be British usually, but I am quite sure that if one parent (or both parents) has ILR, then, too, the child is eligible for British nationality?

[whiteroses]

https://www.gov.uk/legal-right-work-uk/ ... sh-citizen

[Sar78]

My employee has applied for her passport, but I found out that if parents get ILR after the birth of the child born in the UK, even then the child can become a British citizen.

[Sar78]

^^ As in, it is not necessary that parents were British at birth.
Also, the immigration rules only say that the name of one of the parents should be on the birth certificate. Not British parent. I would imagine this is because your child can become a citizen if you get even ILR after their birth and the child is a minor?

[Sar78]

My employee's fast tracked British passport has arrived.
She had previously provided her Birth Certificate with National Insurance Number but her parents are not British born. This met the requirements as per the legal workers regulation but as per advice, I encouraged her to get her UK passport.

She started work more than a year ago. Would it be ok to submit her new passport dated April 2016?
Do I need to explain any of this in the cover letter, that I used their guidance for checking right to work, etc.?

[zimba]

My employee's fast tracked British passport has arrived.
She had previously provided her Birth Certificate with National Insurance Number but her parents are not British born. This met the requirements as per the legal workers regulation but as per advice, I encouraged her to get her UK passport.

She started work more than a year ago. Would it be ok to submit her new passport dated April 2016?
Do I need to explain any of this in the cover letter, that I used their guidance for checking right to work, etc.?

Not really. A copy of her most recent passport should be enough. HO can simply check her status before the passport being issued, after all they are the one providing the employee check service to employers !!