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To work in the UK with an expired EU passport

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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book
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Joined: Tue Jul 05, 2016 11:29 pm

To work in the UK with an expired EU passport

Post by book » Tue Jul 05, 2016 11:48 pm

I made a request to renew my passport beginning of May 2016 one month before it expired in beginning of June 2016. However my consulate gave me an appointment to renew it at the end of July 2016 i.e. three months late. As a consequence I have been refused a job because my passport has expired. Moreover it will take between three weeks to be given my passport and as a consequence I will be without a valid passport maybe until the end of August what prevent me from working and travelling abroad. I would like to know if I can do something about this. This big delay is due to the fact that there were two consulates in this country and one has closed

I would like to know what to say to my consulate to have passport renewed and also what to say to my employer to convince him that he can hire me even if my passport has expired because the following documents

https://www.gov.uk/government/uploads/s ... nts_v5.pdf

says

“All nationals from European Economic Area (EEA) countries and Switzerland, with the exception of Croatia, are free to live and work in the UK. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen here and you may accept an expired EEA or Swiss passport to establish the right to work (although check the photograph carefully against the physical image of the holder)”.

I think that what matters is that my passport is an EEA passport and even if it has expired it is evidence to my right to work in the UK. Moreover I can provide also my birth certificate and my National Insurance Card

I thought that to apply one month in advance will be enough. The previous time I renewed my passport ten years ago I applied two weeks in advance without any problem and it was in the consulate that it now closed. My consulate should have informed me that I should have applied three months in advance.

I think that my consulate should have informed me in writing that now we need to apply three months in advance to renew a passport

I would like to know if some of you know somewhere like an immigration office where I can go and ask them to contact my employer to tell him that I can work legally with an expired EU passport
I would like to know if you know the piece of legislation which says that I am rights

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: To work in the UK with an expired EU passport

Post by vinny » Wed Jul 06, 2016 1:30 am

Employers Guidance wrote:All nationals from European Economic Area (EEA) countries and Switzerland, with the exception of Croatia, are free to live and work in the UK. They may demonstrate their right to work through their EEA (or Swiss) passport or national identity document Examples of passports and national identity cards may be seen here and you may accept an expired EEA or Swiss passport to establish the right to work (although check the photograph carefully against the physical image of the holder).
Isn't the above clear enough for the Employer?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

book
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Joined: Tue Jul 05, 2016 11:29 pm

Re: To work in the UK with an expired EU passport

Post by book » Wed Jul 06, 2016 8:37 am

I will send it to my employer by email this morning. However this is only guidance and it says that the employer ‘may’ accept an EEA expired passport but not that it should accept it. It is why I would like to know if there is a piece of legislation or other document that I can quote to him which says that it should accept an EEA expired passport

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: To work in the UK with an expired EU passport

Post by vinny » Wed Jul 06, 2016 10:07 am

There is no requirement for the EEA passport to be current.

Compare that to 8(e) or List B, where "passport" is preceded by "current".
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

book
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Posts: 3
Joined: Tue Jul 05, 2016 11:29 pm

Re: To work in the UK with an expired EU passport

Post by book » Mon Aug 15, 2016 2:21 pm

No employer can expect that I need more than two months to renew a passport. As a consequence potential employers to whom I need to show my passport which was expired for more than two months ago can become suspicious because they did not understand why I needed more than two months to renew my passport and believe that I am acting fraudulently for example by using a stolen passport which would have explained that I was not able in two momths to renew my passport. in this condition it is likely that they will refuse me work even if I have a passport from the EU

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