Employers can now accept evidence of indefinite leave to remain (ILR) in an expired passport

The UK Border Agency has reviewed its policy on whether indefinite leave to remain (ILR), in an expired passport can be accepted by employers as evidence of right to work.

04 August 2010

Under the illegal working civil penalty regime, from 2 August 2010 it has been decided that if you are an employer you can accept indefinite leave to remain (ILR), in an expired passport as evidence of right to work.

You should undertake the same checks in relation to expired passports that you currently undertake in relation to valid (in date) passports. For further information you can download the summary guidance for employers (PDF 197KB, opens in a new window).

Under the current legislation it is still correct to advise you that, in order to have a statutory excuse, you must see evidence of your prospective employee’s leave to remain in a valid passport. For further information see (section 6 (a) of the Immigration (Restrictions on Employment) Order 2007. However, the Border Agency have reviewed the policy and it is now possible to accept indefinite leave to remain (ILR) in an expired passport as evidence of right to work. The Border Agency are considering an amendment to the 2007 Order in due course to reflect this, and also intend to issue new guidance.

In such cases the Border Agency will consider all the circumstances, including whether you have undertaken the appropriate checks, when deciding whether to issue a penalty notice.

This does not affect the certificate of entitlement to the right of abode, which is still only acceptable as evidence of right to work if produced in a valid (in date) passport/travel document.