Tier 1 Entrepreneur - Employee Passport Expired

[Kahas]

Applying for extension this week, Need immediate help. Please help....

1. Employee Nationality : Italian, have birth certificate, have paper based carta d'identità, but passport expired. Can I still submit his passport as as a prof of settled worker ? If not, what's the solution ?

2. Employee Nationality : New Zealand, Have New Zealand Passport, but doesn't have any visa or any stamp on it, as per the employee he doesn't need any visa or work permit as his date of birth is before 1948, and according to British Nationality act 1948 [http://www.legislation.gov.uk/ukpga/194 ... 056_en.pdf] he doesn't need any work permit or british passport to work in the UK.
What should I submit to confirm he is a settled worker in the UK.

Our HR department did these mistake.. I am really concerned about it....


Please help !

[Vish79k]

1) At the time you recruited him, did you get his passport? With regards to His passport when did it expire? How much time have you left to apply ? Is there not a chance of the employee renewing it . If he has stayed with you from the beginning and his passport happen to expire at some point in between, you could probably say he is in the process of renewing the expired passport if this is the case ( you have to let him know ) Renewing passport is not much of a hassle as opposed to getting a visa I suppose. Just saying

2) Not sure about the 2nd employee. but out of curiosity his age is close to 69/70. Iam sure you would have covered the nature of work to suit his age.

[zimba]

1) Expired passport is fine if the expiry date is before the date of employment. However based on the Employer's guide to right to work checks the document must be valid when presented. You can send the EU residence card.

2) He is not considered settled under Tier 1E rules and according to the Immigration Rule, unless he has an ILR (in valid passport or a BRP) or British passport.

[Vish79k]

Zimba is On point as usual . Cheers Zimba

[sm12]

Applying for extension this week, Need immediate help. Please help....

1. Employee Nationality : Italian, have birth certificate, have paper based carta d'identità, but passport expired. Can I still submit his passport as as a prof of settled worker ? If not, what's the solution ?

2. Employee Nationality : New Zealand, Have New Zealand Passport, but doesn't have any visa or any stamp on it, as per the employee he doesn't need any visa or work permit as his date of birth is before 1948, and according to British Nationality act 1948 [http://www.legislation.gov.uk/ukpga/194 ... 056_en.pdf] he doesn't need any work permit or british passport to work in the UK.
What should I submit to confirm he is a settled worker in the UK.

Our HR department did these mistake.. I am really concerned about it....


Please help !

In the case of the second person, your best bet would be too submit a copy of the legislation with his passport, as this category of settled persons is not mentioned under the immigration rules. Also write a cover letter to explain.

How long has employee 1 been with you? If you applied before April 2014 and he has been with you for at least 24 months, then he alone would be enough to meet the employment requirements.

[jafersadeq]

1) Expired passport is fine if the expiry date is before the date of employment. However based on the Employer's guide to right to work checks the document must be valid when presented. You can send the EU residence card.

Dear Zimba88,
What do you mean "document must be valid when presented" Presented with employment documents or presented with visa extension application? I wonder about submitting expired passport with visa application (it was valid during employment).

Thanks

[zimba]

Read my post again !!!

[Kahas]

1) Expired passport is fine if the expiry date is before the date of employment. However based on the Employer's guide to right to work checks the document must be valid when presented. You can send the EU residence card.


2) He is not considered settled under Tier 1E rules and according to the Immigration Rule, unless he has an ILR (in valid passport or a BRP) or British passport.

If some one is a british national, definitely he doesn't need any form of BRP or some thing like that according to a solicitor. I am still looking for answer.


British Nationality act 1948 -
12.-(1) A person who was a British subject immediately before subjects before the date of the commencement of this Act shall on that date commence- become a citizen of the United Kingdom and Colonies if he meet of Act becoming possesses any of the following qualifications, that is to saycitizens
of
(a) that he was born within the territories comprised at the United commencement of this Act in the United Kingdom and Kingdom and Colonies Colonies, and would have been such a citizen if section four of this Act had been in force at the time of his birth ;

4. Subject to the provisions of this section, every person Citizenship born within the United Kingdom and Colonies after the com- by birth. mencement of this Act shall be a citizen of the United Kingdom
and Colonies by birth :

I am thinking to print the whole act and add it with application form,do you think it will be alright, or I just mention the Act like "British Nationality Act 1948" on my covering letter?

1)
Yes, He has Carta D'Identica,which is his Italian residency Card, We will use it as a proof that he as a settle worker in the UK, though he is applying for a renewal of passport tomorrow.

I am applying this friday, and thinking to send his passport on a separate envelop with covering letter.

Thanks every one for your kind effort .

[zimba]

If some one is a british national, definitely he doesn't need any form of BRP or some thing like that according to a solicitor. I am still looking for answer.

No one has said such thing. No one has said a British national needs a BRP. Do not make stuff up.
Just being ASSUMED British national under Nationality Act is NOT enough under immigration rules to prove the settled status of a worker.
You must PROVE his settled status with documentation as required per rules. If you read the guide, your either have to send a British passport copy OR Birth certificate to get the points. This was clarified recently on 6th April.
Rules are VERY specific in what must be sent and what is acceptable. If you do not provide these documents, you will be at risk of refusal.

[Kahas]

Hello Zimba,

Thank you lot for your kind information. yes you are right, I have no other choice to send this application, as I am running out in 2 days. I am sending his passport copy which shows his date of birth and place.

Italian Employee has renewed/got his new passport today, he applied this morning and got it done in an hour... we had to write a letter from the office mentioning it is urgent.

Also I got an option switching from tier1 to Tier2. Some solicitor in london suggested not to switch from tier1 to tier 2 . I asked them, why... they just mention you would be at risk of refusal..bla..bla.. no specific answer....

Do you think it will be an issue to switch from Tier 1 to Tier 2, as it is not illegal to do...

appreciate your help !

[zimba]

It is your call

Do you think it will be an issue to switch from Tier 1 to Tier 2, as it is not illegal to do...

You are allowed to switch to Tier 2

[sm12]

Dear Zimba88,
What do you mean "document must be valid when presented" Presented with employment documents or presented with visa extension application? I wonder about submitting expired passport with visa application (it was valid during employment).

Thanks

I am in a similar situation as the passport of one of my employees who is quitting will have expired by the time of the next application.
However, I think it should be fine if passport was valid when you first hired the person.

[Kahas]

Dear Zimba88,
What do you mean "document must be valid when presented" Presented with employment documents or presented with visa extension application? I wonder about submitting expired passport with visa application (it was valid during employment).

Thanks

I am in a similar situation as the passport of one of my employees who is quitting will have expired by the time of the next application.
However, I think it should be fine if passport was valid when you first hired the person.

My employee just renewed his passport today.. it was a same day service from italian embassy london, just cost him fees+£50 extra.