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Set to send application in a few weeks but worker issue

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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alex87
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Set to send application in a few weeks but worker issue

Post by alex87 » Tue Mar 22, 2016 11:50 pm

Hello everyone,
I am all set to send my application very soon but after reading a few threads here, I am in two minds. My employee got his passport after three months of employment. Before that he provided some other List A documents to prove his right to work (from the HO guideline to check right to work for employers) . The guideline says an expired passport from a British citizen is acceptable but not from non-Europeans. His cancelled British passport expired ages ago (and he lost the one he got after this one), so I accepted it but on the condition that he would apply for a new one. He got a new one after employment but it took a long time as the old one had been stolen.
Is this going to be an issue? It seems from replies on other threads that it might be, but I did everything according to the right to work guidelines and List A is for documents that do not even need to be double checked.

Thank you.

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zimba
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Re: Set to send application in a few weeks but worker issue

Post by zimba » Wed Mar 23, 2016 12:23 am

alex87 wrote:Hello everyone,
I am all set to send my application very soon but after reading a few threads here, I am in two minds. My employee got his passport after three months of employment. Before that he provided some other List A documents to prove his right to work (from the HO guideline to check right to work for employers) . The guideline says an expired passport from a British citizen is acceptable but not from non-Europeans. His cancelled British passport expired ages ago (and he lost the one he got after this one), so I accepted it but on the condition that he would apply for a new one. He got a new one after employment but it took a long time as the old one had been stolen.
Is this going to be an issue? It seems from replies on other threads that it might be, but I did everything according to the right to work guidelines and List A is for documents that do not even need to be double checked.

Thank you.
If you're ur employee had been a British citizen, the most recent passport copy and the old expired copy are enough. Obviously HO cannot logically argue that the worker had not been a settled person.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

alex87
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Posts: 70
Joined: Tue Jan 01, 2013 2:02 am

Re: Set to send application in a few weeks but worker issue

Post by alex87 » Wed Mar 23, 2016 5:45 pm

Thank you for your message.

The old passport expired a few years ago (and the right to work guidelines say that you can accept an expired passport if it is issued by an EU member state), before he started employment, which is why I had doubts. I suppose the Home Office will be able to check their records to see that the person was issued with a passport in between the current passport and the expired passport, but that it was reported stolen.

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