Worker on ILR (no passport)

[zshaan21]

Dear Guys,

Can you also please help me in regards of the related query? I've hired an employee who is on Indefinite Leave to Remain Since 1998. He hasn't got a BRP card and he given his approved ILR paper copy which is stamped on his passport since 1998 .He does not have a British passport and using his own country passport which is also expired since 2012.

I asked him why don't you renew your own country passport since last 4 years and he said I have had no plan for travelling. Also, I asked him why you did not apply for a British passport. He said, I am a settled person and all my right being a British citizen, perks and privileges are fulfilled so why should I spend 1000 pound for passport fee.

I know these things do not affect his statutory right of an employment, but I need to make sure the home office should be fine as some time case worker does not know the details and refuse an application on silly things.

Please advise....

I look forward to hearing from you.

Best,
Zeeshan

[Sar78]

If the stamp of the ILR is in his passport (expired or not), I imagine that is ok. The guidance says that the copy of the page with the stamp and personal details page is enough. I guess they can match this against their records to see that the person still has ILR?
I have a problem which is similar but in my case, the employee has the birth certificate issued in the UK. According to the guidance, birth certificate is admissible as evidence, but many on this board have suggested that if at least one parent on the birth certificate is not UK-born, then the birth certificate cannot be used.

[zimba]

The copy of ILR certificate should be enough to prove his right to work as settled worker. HO has the records and can check.

I have a problem which is similar but in my case, the employee has the birth certificate issued in the UK. According to the guidance, birth certificate is admissible as evidence, but many on this board have suggested that if at least one parent on the birth certificate is not UK-born, then the birth certificate cannot be used.

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 when you were born.

[Mrchaany]

sorry
i have objection
if ILR stamped at passport which has no expiry but his/her country passport need to be valid means not expired,
some time UKVI donot care but for safe side all travelling document and prove of ID need to be valid no expired passport is acceptable, means how can someone accept employee expired passport for employment purposes.

it is minor but finger cross.

regards
I khan

[Sar78]

This is what the Gov.uk guide says.

A current passport endorsed to show that the holder is exempt from
immigration control, is allowed to stay indefinitely in the UK, has the right
of abode in the UK, or has no time limit on their stay in the UK.


https://www.gov.uk/government/uploads/s ... nts_v5.pdf

I think but not sure if this is the guide HO use.

[Sar78]

I know that you may not want to do this but how about agreeing to pay for the new passport? At least you will have peace of mind.

But if you have a letter confirming ILR, maybe that will do the job.

[zimba]

sorry
i have objection
if ILR stamped at passport which has no expiry but his/her country passport need to be valid means not expired,
some time UKVI donot care but for safe side all travelling document and prove of ID need to be valid no expired passport is acceptable, means how can someone accept employee expired passport for employment purposes.

it is minor but finger cross.

regards
I khan

Absolutely not. The right to remain in the uk indefinitely will not be suspended because such endorsement is in an expired passport. Passport is not a document to prove your rights, it is a travel document. You can even use the endorsement in you old expired passport along with a new passport to enter the uk.

[Sar78]

The above gov.uk link also states
A current Immigration Status Document issued by the Home Office to the
holder with an endorsement indicating that the named person is allowed
to stay indefinitely in the UK or has no time limit on their stay in the UK,
together with an official document giving the person’s permanent
National Insurance number and their name issued by a Government
agency or a previous employer.


You can just submit the letter and the NI document.

[suvalike]

The above gov.uk link also states
A current Immigration Status Document issued by the Home Office to the
holder with an endorsement indicating that the named person is allowed
to stay indefinitely in the UK or has no time limit on their stay in the UK,
together with an official document giving the person’s permanent
National Insurance number and their name issued by a Government
agency or a previous employer.


You can just submit the letter and the NI document.

Why everyone is submitting proof of NI...It is not required in the documents

am i right ?

[zimba]

A passport or ILR endorsement copy is enough. Read Immigration rules appendix A please

[vinny]

They expect new job applicants to have more.

[Mrchaany]

Vinny great answer

[whiteroses]

They expect new job applicants to have more.

Interesting, considering that one can continue working and provide proof of right to work using an expired British or EU passport. HO accept old-style passports even though these no longer allow travel.
The HO document on illegal working control states this.