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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hello, you are saying that an employer does not need to keep

Resolved Question:

Hello, you are saying that an employer does not need to keep a copy of passport, but here http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/comprehensiveguidancefeb08.pdf?view=Binary It is clear that an employer does need to have a copy of passport. Where is the correct answer? Best regards, SergK.

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.

Not sure if you meant to post elsewhere but the answer to your question is that the employer absolutely should keep a copy of the passport - the cover and biometric pages are required along with the relevant visa. Each copy should be signed and dated by the employer with the name of the signatory clearly written. If the employee has a Biometric Residence Permit (BRP) then both sides of this should be copied in the same way.

 

 

The employer also has to take a copy of a bill or similar evidence of address on a regular basis to maintain a record of where sponsored employees live.

 

This has been the rule for a very long time.

 

As a rule it is a good idea for employers to have evidence of the citizenship of ALL employees and a passport is a good way of doing this. If the employee is a non-EEA citizen then a copy of their right to work must also be kept on file. In this way they meet their obligation to ensure that suitable checks have been made in relation to only employing those with the right to work in the UK.

Expert:  Howard replied 1 year ago.
Did that answer your question sufficiently?
Customer: replied 1 year ago.

All these are applied to Non EU, non British citizens. If the person is British citizen and he is verified that by certificate and verified that by Indefinite Leave to remain what then the reason to provide British passport and keep copy of that?

Expert:  Howard replied 1 year ago.
The simple reason for keeping a passport copy even for a British citizen is to ensure that the employer can prove that they established the employee's right to work and the passport is the simplest way of doing this.

Does that answer your question? If there is a specific reason for asking your question then feel free to outline the scenario.
Customer: replied 1 year ago.

Well, I think the scenario should be a standard the employer has copy of my ILR and also my naturalisation certificate, and I also has now British passport, then they would like to have a copy for that as well. My question is mainly curiosity and also I know that the employer will be sending my passport details out of UK for processing but within the company. So I do not see the reason for them doing so to have also my British passport copy. If I just British citizen without british passport how then it will be proved I can work in UK?

Expert:  Howard replied 1 year ago.

If you have a naturalisation certificate then a copy of the passport should also be taken as this has your photograph - this can be combined with the certificate to confirm your status. The certificate on it's own has no photograph. Once you have a British passport then they would probably like to ensure their records are up to date by having a copy of your passport.

 

These copies are simply held on file by the employer so that the Home Office can see that sufficient checks have been made if they visit and conduct an audit of the employer. It protects the employer.

 

The employer would not be sending all of these copies to anyone related to the Home Office and there is no reason to not provide the passport when you have it. Where a British citizen does not have any passport then a different ID document would be required, such as a photo ID driving licence, etc.

 

There are some scenarios for older employees where this can be tricky but it is unusual. I have known one or two employees refuse but there is no logical reason for doing so - these were quite old British-born employees who possibly objected simply for the sake of doing so.

Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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