Expired Passport

Response to this request is long overdue. By law, under all circumstances, UK Border Agency should have responded by now (details). You can complain by requesting an internal review.

Dear UK Border Agency,

Why has the UK Border Agency reviewed its policy and it is now possible to accept indefinite leave to remain (ILR) in an expired passport ?

Why has not the same condition been applied to those who have the right of abode since their ongoing rights are not even subject to immigration control and in fact never expire?

Why are ILR persons who are subject to immigration control now more privileged then Right of Abode persons who are not subject to immigration control ?

Yours faithfully,

A J MORTOZA

J Mortoza left an annotation ()

Question 44 in page 56 of the UKBA in the

Q44 Can I have an excuse against liability to pay a civil penalty by accepting an EEA/UK/
Swiss passport which has expired?

A. The Border and Immigration Agency’s guidance is that EEA documents, such as passports,
produced to employers should be current (as opposed to being expired). However, if the holder
is unable to produce a current EEA document then you can accept an out-of-date UK British
passport, or out-of-date EEA/Swiss passport, provided you, have carried out the reasonable
checks set out on pages 8-10 and are satisfied that the offered original document is valid, genuine
and rightfully belongs to the applicant. The employer should take particular care with regard
to the document’s photograph (which may be rather old) when comparing it with the visible
appearance of the prospective employee.

Section 15 states regulations are to be derived from it and also mentions section 23 on issuance of a code for anti discrimination purposes which does apply to a public body when it draws up guidances, regulations, etc

Section 15

23 Discrimination: code of practice
(1)The Secretary of State shall issue a code of practice specifying what an employer should or
should not do in order to ensure that, while avoiding liability to a penalty under section 15 and
while avoiding the commission of an offence under section 21, he also avoids contravening—

I believe that there is discrimination of persons on the basis of their ethnicity and nationality. The use of the regulation 2007 and its creation has not taken the aspects of discrimination that can occur and has ignored section 23 of the 2006 immigration act that a pubic body has to follow the anti discrimination guidance itself !