Policy Review On Indefinite Leave To Remain By UK Border Agency

05 Aug 2010

UK Border Agency has done a review on the policy of indefinite leave to remain (ILR), in an expired passport. As per the review, employers can accept evidence of ILR in an expired passport as evidence of right to work. This has been decided under the UK Border Agency’s illegal working civil penalty regime, from 2^nd August 2010.

As per the current legislation, employers must see the evidence of the prospective employee’s indefinite leave to remain (ILR) in a valid passport. Employers are advised to undertake the same checks in relation to expired passports that are currently undertaken for valid passports.

Border Agency is considering an amendment to the 2007 Order in due course to reflect this, and also to issue new guidance, in which case, it will consider all the circumstances, including whether employers have undertaken the appropriate checks, when deciding whether to issue a penalty notice. This does not affect the certificate of entitlement to the right of abode, which is still only acceptable as evidence of right to work if produced in a valid (in date) passport/travel document.