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Documents to prove Lithuanian employee is a settled worker

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polluz
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Documents to prove Lithuanian employee is a settled worker

Post by polluz » Mon Aug 21, 2017 1:42 pm

Hi all, I got an issue. I recently employed a Lithuanian employee who is the EEA national. According to the guidance, I have to provide "the biometric data page of a passport containing his photograph and personal data, or a UK registration certificate/permanent residence document". However, my employee doesn't have a passport, but only has the Personal Identity Card issued from the Republic of Lithuania. Would anyone who has relevant experience in getting extension advise me if this Personal Identity Card is acceptable? Look forward to your help! Thanks! :D

kingraja
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Re: Documents to prove Lithuanian employee is a settled work

Post by kingraja » Mon Aug 21, 2017 2:36 pm

Yes ID card is enough to prove he is a settled worker guidance ref us to check what other documents are acceptable as well & ID card is acceptable document.. https://www.gov.uk/legal-right-work-uk/ ... witzerland
rajathegreat

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marcnath
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Re: Documents to prove Lithuanian employee is a settled work

Post by marcnath » Mon Aug 21, 2017 2:48 pm

kingraja wrote:Yes ID card is enough to prove he is a settled worker guidance ref us to check what other documents are acceptable as well & ID card is acceptable document.. https://www.gov.uk/legal-right-work-uk/ ... witzerland
You are right in that ID card is enough to prove he/she is a settled worker for the purpose of employing the person to work for your business.
However, immigration rules appear to require a slightly more stringent requirement for the evidence as a settled worker. And this is a recent change.
So, @kingaja - are you sure UKVI is still accepting ID card as evidence after the rules were changed ?
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

kingraja
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Re: Documents to prove Lithuanian employee is a settled work

Post by kingraja » Mon Aug 21, 2017 3:24 pm

marcnath wrote:
kingraja wrote:Yes ID card is enough to prove he is a settled worker guidance ref us to check what other documents are acceptable as well & ID card is acceptable document.. https://www.gov.uk/legal-right-work-uk/ ... witzerland
You are right in that ID card is enough to prove he/she is a settled worker for the purpose of employing the person to work for your business.
However, immigration rules appear to require a slightly more stringent requirement for the evidence as a settled worker. And this is a recent change.
So, @kingaja - are you sure UKVI is still accepting ID card as evidence after the rules were changed ?
In their current guidance they are still ref us to 181. Full guidance on the documents is in the employing legal workers Other partners or directors in your business/es section of GOV.UK.
rajathegreat

polluz
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Re: Documents to prove Lithuanian employee is a settled work

Post by polluz » Mon Aug 21, 2017 6:21 pm

I read the previous posts, and learnt that an EU ID is sufficient. However, after I read 180 " ... If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details, or a UK registration certificate/permanent residence document...", I was confused and worried. Hence, I posted to ask specifically, although I knew that it seems to be a frequently asked question here, but I really want to learn from your practical experience. Apologise for any convenience that might have caused.

On the other hand, I'm considering if I should request that employee for renewing his passport as soon as possible.

Thanks anyway. :)

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marcnath
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Re: Documents to prove Lithuanian employee is a settled work

Post by marcnath » Mon Aug 21, 2017 7:34 pm

You mention "renewing his passport". Does that mean he has an expired passport. There is definitely no requirement that the passport should be current. So, if there is an expired passport, that will meet the requirement.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

polluz
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Re: Documents to prove Lithuanian employee is a settled work

Post by polluz » Mon Aug 21, 2017 9:26 pm

Yes, he said it's expired. If the expired one is also acceptable for the T1E requirements, then it'd be great! I previously thought that the passport must not be expired so as to serve the purpose of showing personal details and the right to work in the UK. Thanks. :D

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marcnath
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Re: Documents to prove Lithuanian employee is a settled work

Post by marcnath » Tue Aug 22, 2017 7:02 am

The requirement is "If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details".

It does not say current passport.

I have submitted expired (at least 5 years prior) passport for a British citizen and it was accepted, so the same logic should apply here.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

polluz
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Re: Documents to prove Lithuanian employee is a settled work

Post by polluz » Tue Aug 22, 2017 7:41 am

marcnath wrote:The requirement is "If the employee is an EEA national, the biometric data page of a passport containing their photograph and personal details".

It does not say current passport.

I have submitted expired (at least 5 years prior) passport for a British citizen and it was accepted, so the same logic should apply here.
I learnt! Thanks everyone who replied to my question. I feel better and relaxed now. Phew~ :D

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