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Using an expired passport as proof of ID and right to work

Daniel

| 0 Posts

30 Jul, 2019 15:55

Hi all, 

Does anyone have a view on whether an expired passport (in this case about six weeks expired) is still valid as a form of ID/RTW? Clearly, the person (ok, I admit it, it's me!) wouldn't be able to travel with it, but they are still the same person they were when the passport expired and they don't stop being a UK citizen on the expiry date. Ok, they (I) should get their passport renewed, but I still think it's a valid ID document. Any thoughts please? 

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  • Dermot John Cole

    | 0 Posts

    30 Jul, 2019 16:33

    The Home Office just says 'a passport...' with no indication that it needs to be in date. In the depths of this Border Agency document it suggest that even old style passports can be used.

    assets.publishing.service.gov.uk/.../employers_guide_to_acceptable_right_to_work_documents_v5.pdf
  • Daniel

    | 0 Posts

    30 Jul, 2019 16:42

    In reply to Dermot John Cole:

    thanks Dermot. I have a query from a potential new employer as to whether they can accept my passport which expired recently. I've never seen anything which says a passport has to be in date to be valid for ID/RTW checks.
  • Robert James Munro

    | 0 Posts

    30 Jul, 2019 17:51

    In reply to Daniel:

    An expired passport is fine as long as the individual is a UK/EU/EEA citizen (shortly perhaps to become just UK!).
    If however it is a non-EU citizen's passport endorsed with for example 'Unlimited Leave to Remain' then it must be current.
  • Steve Bridger

    | 0 Posts

    Community Manager

    31 Jul, 2019 07:41

    In reply to Robert James Munro:

    Agree with Robert.
  • Daniel

    | 0 Posts

    31 Jul, 2019 07:48

    In reply to Robert James Munro:

    Thanks Robert! I should have got myself organised before applying for a job as they have fairly stringent security checks, but at the end of the day I am still a British citizen, just unable to travel.

    Let's hope the new company believes me!
  • Clare Marie

    | 0 Posts

    31 Jul, 2019 09:19

    In reply to Daniel:

    Hi Daniel, to the best of my knowledge an expired passport should be acceptable provided the expiry date is quite recent, like within the past 6 months or so. In your case I would hope the prospective employer would be flexible since, as you rightly point out, it is highly unlikely that your personal circumstances would have changed. Good luck!
  • Daniel

    | 0 Posts

    31 Jul, 2019 09:25

    In reply to Clare Marie:

    thanks Claire! It's one of those grey areas where it can invite these kind of issues, and it would have been simpler if I'd just renewed my passport, but as I'm not flying out of the UK this year I didn't see the urgency.

    Anyway, thanks for your advice everyone much appreciated!
  • Sharon Lesley

    | 0 Posts

    31 Jul, 2019 10:02

    In reply to Daniel:

    Daniel

    As a british citizen you should be able to use other ID in lieu of a passport (Birth certificate and NI card) as there is no obligation for you to have a passport.

    What does the company do if an applicant has never had a passport at all?

    Sharon
  • Daniel

    | 0 Posts

    31 Jul, 2019 11:05

    In reply to Sharon Lesley:

    Hi Sharon,

    They would accept a birth certificate, unfortunately I don't have one of those handy either, so whilst having an ongoing debate with their HR Department about the validity of my passport, I'm also applying for a replacement birth certificate.

    These things are sent to try us!
  • Sharon Lesley

    | 0 Posts

    31 Jul, 2019 11:15

    In reply to Daniel:

    Daniel

    Depending on the role you are going for, if it is a more senior role or compliance they are probably going out of their way to follow procedure.

    However, an expired passport cannot be used as ID for a DBS, so if they also have a duty to do DBS's for some staff they may have aligned their ID policies against that to avoid confusion.

    Not any help to you unfortunately Good luck

    Sharon
  • Daniel

    | 0 Posts

    31 Jul, 2019 11:35

    In reply to Sharon Lesley:

    ah, this may be the reason as they are using it for a DBS check. Oh well, I have a replacement birth certificate on the way, hopefully it will arrive before my start date!
  • Helen

    | 0 Posts

    31 Jul, 2019 13:16

    In reply to Daniel:

    Hi, as others have said, an expired UK or (for the moment) EEA passport can be accepted as RTW provided the photo page looks reasonably like the person presenting it. In the absence of a UK passport, "A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder's parents or adoptive parents, 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" is acceptable. (NI alone or driving licence is not acceptable). However, remember that if the passport has been cut through at the corner, it means that it has been renewed and a more recent version is available so you must ask for that instead. I know this isn't the case for Daniel but I was told this by an ex-Border Control Officer so thought it worth sharing.
  • Peter Stanway

    | 0 Posts

    31 Jul, 2019 18:44

    In reply to Helen:

    All that matters is that it looks like you still!
  • Daniel

    | 0 Posts

    31 Jul, 2019 21:33

    In reply to Peter Stanway:

    ah, that could be a problem. I had hair ten years ago :)
  • Peter Stanway

    | 0 Posts

    1 Aug, 2019 07:52

    In reply to Daniel:

    You could try a wig!