EEA National & Document Requirements

[yunas]

Hi Everyone,

I have three employees from Europe, they just have their ID (Card) and NI Letter.

Now the headache started when checking the guidance for requirement documents. Most from EU never have had passports and my employees landed with ID rather Passport.

Shall I send only what I got or struggle to get other documents?

Regards.

[marcnath]

Hi Everyone,

I have three employees from Europe, they just have their ID (Card) and NI Letter.

Now the headache started when checking the guidance for requirement documents. Most from EU never have had passports and my employees landed with ID rather Passport.

Shall I send only what I got or struggle to get other documents?

Regards.

Struggle to get the other documents would be my recommendation.

If they don't have a passport, the alternative is "or a UK registration certificate/permanent residence document". That should be easy to get, but the employees need to get it.

[Hope145]

Hi Everyone,

I have three employees from Europe, they just have their ID (Card) and NI Letter.

Now the headache started when checking the guidance for requirement documents. Most from EU never have had passports and my employees landed with ID rather Passport.

Shall I send only what I got or struggle to get other documents?

Regards.

I was under the impression that EU identity card was sufficient and PR wasn't needed? I think some people on this forum have also applied with just EU ID for employees and extended successfully, is this wrong? Please clarify and point me to the relevant guidance.

Struggle to get the other documents would be my recommendation.

If they don't have a passport, the alternative is "or a UK registration certificate/permanent residence document". That should be easy to get, but the employees need to get it.

[Hope145]

I was under the impression that EU identity card was sufficient and PR wasn't needed? I think some people on this forum have also applied with just EU ID for employees and extended successfully, is this wrong? Please clarify and point me to the relevant guidance

[marcnath]

I was under the impression that EU identity card was sufficient and PR wasn't needed? I think some people on this forum have also applied with just EU ID for employees and extended successfully, is this wrong? Please clarify and point me to the relevant guidance

Check Immigration rules Section 46-SD(h)(iv)(4), quoted below: (the exact wording is also in latest guidance)
(4) 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;
This was updated quite recently (the guidance of Nov 2016 does not state that). So, it is possible there are many who had it approved before.
There is no requirement for PR still - just the insistence on Passport as the primary evidence.

[Hope145]

I was under the impression that EU identity card was sufficient and PR wasn't needed? I think some people on this forum have also applied with just EU ID for employees and extended successfully, is this wrong? Please clarify and point me to the relevant guidance

Check Immigration rules Section 46-SD(h)(iv)(4), quoted below: (the exact wording is also in latest guidance)
(4) 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;
This was updated quite recently (the guidance of Nov 2016 does not state that). So, it is possible there are many who had it approved before.
There is no requirement for PR still - just the insistence on Passport as the primary evidence.

Wow, I can't understand why they are making these changes without transition period. On their website 1)it says you don't need PR to prove residence status and that 2)'if you already have a permanent residence document it won't be valid after the UK leaves the EU'. So now, getting a residence card/PR makes no sense to the employee. My EU employee is a strong character and would not be persuaded to do something that makes no sense. I cannot use force neither can I threaten their employment inorder to get PR. I had employed before this change. I am applying in the next 3wks. What to do now?

[marcnath]

Wow, I can't understand why they are making these changes without transition period. On their website 1)it says you don't need PR to prove residence status and that 2)'if you already have a permanent residence document it won't be valid after the UK leaves the EU'. So now, getting a residence card/PR makes no sense to the employee. My EU employee is a strong character and would not be persuaded to do something that makes no sense. I cannot use force neither can I threaten their employment inorder to get PR. I had employed before this change. I am applying in the next 3wks. What to do now?

Agreed that it is quite stupid.

Few months back, there was an option of EEA citizens to register for the residence card. Today, when I checked that option has been removed. They are not even eligible to apply - even if they are willing to.

You don't have any option other than to just apply with the documents you have. Mention in the covering letter that:
a. You employed the people before the new guidance was out and only collected documents as per guidance at that time
b. The workers do not have a passport
c. They have no means of applying for a residence card now.

I suspect that either the rules will be updated soon or they will accept the ID still.

[Hope145]

Wow, I can't understand why they are making these changes without transition period. On their website 1)it says you don't need PR to prove residence status and that 2)'if you already have a permanent residence document it won't be valid after the UK leaves the EU'. So now, getting a residence card/PR makes no sense to the employee. My EU employee is a strong character and would not be persuaded to do something that makes no sense. I cannot use force neither can I threaten their employment inorder to get PR. I had employed before this change. I am applying in the next 3wks. What to do now?

Agreed that it is quite stupid.

Few months back, there was an option of EEA citizens to register for the residence card. Today, when I checked that option has been removed. They are not even eligible to apply - even if they are willing to.

You don't have any option other than to just apply with the documents you have. Mention in the covering letter that:
a. You employed the people before the new guidance was out and only collected documents as per guidance at that time
b. The workers do not have a passport
c. They have no means of applying for a residence card now.

I suspect that either the rules will be updated soon or they will accept the ID still.

Ok, thanks. Do you have a link to the previous guidance?
Basically they dont want EU folks applying for registration certificate or PR now as won't be valid after UK leaves in 2019, so basically means only option is passport. Whereas, the list of documents to confirm settled status in the guidance for employers regarding employing legal workers' includes National Identity card. This is all crazy, no wonder many are leaving or considering leaving. This people keep giving entrepreneurs headache despite all our contributions to the economy, sad indeed!

[marcnath]

November 2016 Guidance attached.

https://1drv.ms/b/s!Aq7gSza4ER7ChN8nn5_u3TEoUj18VA

[yunas]

What about British citizen as mentioned in guidance birth certificate required along with passport.

Now here is another complication:-

1-Person born in Abroad and later granted nationality.
2-Born British.

So we need birth certificate in any way regardless of person birth?

Already as discussion going thru the stress getting passport which seems impossible as European mostly never applied for passport and they not willing to apply especially those who resigned already.

[Hope145]

November 2016 Guidance attached.

https://1drv.ms/b/s!Aq7gSza4ER7ChN8nn5_u3TEoUj18VA

Thank you, do you have the April 2016 guidance as well? The affected EU employee started in June 2016 so I was guided by the April 2016 guidance.

[Hope145]

What about British citizen as mentioned in guidance birth certificate required along with passport.

Now here is another complication:-

1-Person born in Abroad and later granted nationality.
2-Born British.

So we need birth certificate in any way regardless of person birth?

Already as discussion going thru the stress getting passport which seems impossible as European mostly never applied for passport and they not willing to apply especially those who resigned already.

Hey Yunas, so what are you planning to do re- EU employees with identity card and no passport. For me there is nothing I can do, I plan to submit what I have in 3wks. Going to write covering letter with relevant guidance document that I consulted at the time.

[marcnath]

November 2016 Guidance attached.

https://1drv.ms/b/s!Aq7gSza4ER7ChN8nn5_u3TEoUj18VA

Thank you, do you have the April 2016 guidance as well? The affected EU employee started in June 2016 so I was guided by the April 2016 guidance.

April 2016 guidance

https://1drv.ms/b/s!Aq7gSza4ER7CgaQvIyMv1TB-6TZAog

[marcnath]

What about British citizen as mentioned in guidance birth certificate required along with passport.

Now here is another complication:-

1-Person born in Abroad and later granted nationality.
2-Born British.

So we need birth certificate in any way regardless of person birth?

Already as discussion going thru the stress getting passport which seems impossible as European mostly never applied for passport and they not willing to apply especially those who resigned already.

That list should be read as one of the listed documents.

So, if you have the passport, then you don't need any of the others

[Hope145]

November 2016 Guidance attached.

https://1drv.ms/b/s!Aq7gSza4ER7ChN8nn5_u3TEoUj18VA

Thank you, do you have the April 2016 guidance as well? The affected EU employee started in June 2016 so I was guided by the April 2016 guidance.

April 2016 guidance

https://1drv.ms/b/s!Aq7gSza4ER7CgaQvIyMv1TB-6TZAog

Thank you.
In the current guidance 181. Says to look at the full list for guidance for employing legally, peharps that can help me too?

[marcnath]

Thank you.
In the current guidance 181. Says to look at the full list for guidance for employing legally, peharps that can help me too?

Yes, that is the argument you would use - you followed that immigration rules/guidance in place at the time of hire.

[yunas]

What about British citizen as mentioned in guidance birth certificate required along with passport.

Now here is another complication:-

1-Person born in Abroad and later granted nationality.
2-Born British.

So we need birth certificate in any way regardless of person birth?

Already as discussion going thru the stress getting passport which seems impossible as European mostly never applied for passport and they not willing to apply especially those who resigned already.

Hey Yunas, so what are you planning to do re- EU employees with identity card and no passport. For me there is nothing I can do, I plan to submit what I have in 3wks. Going to write covering letter with relevant guidance document that I consulted at the time.

Hi Hope145,

I am hoping to get passports from employees. It's terrible situation really we been thru at this time. I hired these employees in September 2016 and they left me after 4 months. I replaced them again with European but luckily they got their passports handy but the problem with these two employees.

So now we can't apply for their residence anymore ?
we are in same boat please keep me in loop. I am applying first week of September.

Regards.

[Hope145]

Thank you.
In the current guidance 181. Says to look at the full list for guidance for employing legally, peharps that can help me too?

Yes, that is the argument you would use - you followed that immigration rules/guidance in place at the time of hire.

Delighted to say that my visa has been granted after 10months! Thank you so much No interview or MP intervention, business was in loss! Wish everyone waiting best of luck!

[marcnath]

Thank you.
In the current guidance 181. Says to look at the full list for guidance for employing legally, peharps that can help me too?

Yes, that is the argument you would use - you followed that immigration rules/guidance in place at the time of hire.

Delighted to say that my visa has been granted after 10months! Thank you so much No interview or MP intervention, business was in loss! Wish everyone waiting best of luck!

Congratulations !!

It reinforces my belief that overall, HO is reasonable, if you are proactive and make your arguments properly.

[mohsensari]

Hi,
If Eu passport has expired, is it still acceptable?

[marcnath]

Hi,
If Eu passport has expired, is it still acceptable?

Yes, I had submitted my employee's expired British passport.

There is nothing in the rules that I have seen that requires the passport to be current.

[mohsensari]

Hi,
If Eu passport has expired, is it still acceptable?

Even expired passports from Eu country for example Germany?

[marcnath]

Hi,
If Eu passport has expired, is it still acceptable?

Even expired passports from Eu country for example Germany?

As I said, I can't see why not. There is nothing that in the immigration rules that says "current passport".

[yunas]

Hi Everyone,

Sorry i just received notification today in email.
I submitted only EU ID for my EU employees and got residence.

Regards.

[Ali7770]

Hi Everyone,

Sorry i just received notification today in email.
I submitted only EU ID for my EU employees and got residence.

Regards.

Hi there.

Can you please explain what e-mail are you talking about ?

Got Residence ? Please Explain.

thanks