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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48795
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been asked by my employer to provide my US social

Resolved Question:

Good afternoon,
I have been asked by my employer to provide my US social security number as part of the hiring / screening process. My question is: is it legal for an employer based in the UK to force US citizens to provide their SSN?
A US-based employer can and will indeed ask any potential applicant for his SSN for taxes reporting and for hiring / screening purposes. As far as I know, there is no law authorizing foreign entities to do so however.
Because I have been a victim of identity theft in the past, I am rather reluctant to give my SSN to a screening agency based here.
Thank you in advance for your assistance.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Is this for a new or existing employer?

Customer: replied 1 year ago.
Hi! I am currently temping for this employer
Expert:  Ben Jones replied 1 year ago.

Hi there and thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
OK, thank you!
Expert:  Ben Jones replied 1 year ago.

No problem at all.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. There is a law in place which deal with the exchange of information about US nationals’ financial affairs abroad, however it does not extend to employers. For example, banks and other financial institutions have a duty to take details of any US nationals and pass them on to the US authorities, the purpose of which is to try and deal with potential tax evasion. If this is just an employer with which you are not actually investing or banking with, then this law will not apply in the circumstances. Saying that there is nothing stopping the employer from asking you for this information. If they do take it and store it they will have strict obligations under data protection laws to store it securely and only use it for the specific purposes for which it was obtained. The issue is that if they ask for it and you refuse to give it, they are not obliged to offer you a job. So there is nothing stopping you from refusing to give this information out, but at the same time there is nothing obliging them to give you a job without it, so you have to consider how likely it is that thy may withdraw any offer in the absence of this information.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 1 year ago.
Thank you very much for your advice!
I will be happy to leave you excellent feedback.
Best regards,
Sonia
Expert:  Ben Jones replied 1 year ago.

You are most welcome and all the best