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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am british residant with foreign passport.i have indefinite

Resolved Question:

I am british residant with foreign passport.i have indefinite leave to remain.
Last year my employer ask the,wokers to provide our passport which we did.copies
Of my visa was made.
But this year they are asking only a few colleagues including myself to
Provide the passports again.
I feel that this,is,over the top and discrimatory

I have been told that i can loose my job if i do not provide,my passpot again
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

Iam afraid that the united kingdom border agency would fine your company £10000 if they were found to be employed persons without the right to work in the uk.

This means that your company must carry out periodic checks on all foreign nationals working for the company to ensure that they have leave to remain or indefinite leave to remain.

The reason that they still have to ask for your passport even though they have seen that you have been given indefinite leave to remain is probably because they are aware that indefinite leave to remain can be revoked by the united kingdom border agency in some circumstances, such as where they become aware that there is a deception involved in originally otaiining indefinite leave to remain.

Kind regards

Tom

Customer: replied 3 years ago.
hi
thanks for the answer
How does the border agency define periodic check Does that mean every year.
this is the second year in a row.
Futhermore if my status was revoke would the border agency not contact them or have me deported
Dont get me wrong but this is very incoveniant having to show your passport every year.
Thank you
Expert:  Thomas replied 3 years ago.
Hi

There is no set periodic check by the UKBA as such, but if at any time an employer is guilty of employing a worker without a legal right to work theu can be prosecute and fined.

So employers are required to have good checking procedures and practices. A annual check ia a good way of showing the ukba you, as an employer, are discharging your responsibilities.

On this basis they are entitled to check your passport. I am sorry that it is inconvenient though.

Please remember to rate my answer according to it's accuracy.

Kind regards

Tom
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