Frequently Asked Questions About Immigration

ILR in an expired passport

Question: We have an employee who has worked for the company for a number of years. Their passport is now out of date but has an indefinite leave to remain stamp. Do they have to apply for, and provide updated proof of, eligibility when the passport runs out? SEE ANSWER →

Answer: With right to work documents it all depends on the situation when the individual is going through the onboarding process. If they had valid documents (ie ILR was in a valid passport) at the time of the check, then it does not matter if the passport subsequently runs out. This is because List A documents give an ongoing statutory excuse.

If the individual were to be starting work now, and they held ILR in an expired passport you would not have the statutory excuse, even though the individual has the right to work! This change occurred in May 2014. Anyone starting with you prior to then could have used ILR in an expired passport.

Assuming the right documents were copied prior to the employment starting, your employee does not need to renew their documents.

publication date: April 21, 2017

Whilst we endeavour to produce accurate and up to date information, the UK Government can, and does, change the Immigration rules on a frequent basis. This website is for information purposes and does not replace individual immigration advice. Please consult your advisor to discuss your personal circumstances. We would be happy to help with this. Please contact us by phone or email, or complete the form and we will get back to you.