They DO NOT need to hold a copy of your passport if you are opted out.

[SueEllen]

TAV what lots of agents are not aware that asking me to fax over or scan and email them a copy of my passport is not complying with the law, whether the client requests it or not, or whether I'm opted-in.

This is because I can easily alter it if I wasn't eligible to work in the UK.

However giving you or the client my passport, and you physically checking that it's not been altered before taking a copy is.

[The Agents View]

its the agent's job to check eligibility. not the client's. In fact its your own limited company's responsibility. The client isn't employing you. Its none of their business if your company's employees are legally employed or not.

That's not quite true unless you are a PAYE contractor. Ultimately we are engaging your limited company business. This is who ultimately holds responsibility for eligibility. However, given the fact that most contractors are one man band businesses, the agency will insist on checking eligibility, whether that contract is to work directly to do something for the agency (implement a new IT system for the recruitment company for example), or subbed out to one of thier clients.

However, if the client is expecting you to arrive with your passport, and are happy to confirm that they have seen it, and are happy with it, then there's no issue - the problem is, most clients can't be bothered with the hassle of doing that.

[Mr.Whippy]

Here, our contracts are not released wthout a copy of the passport - it's as simple as that. If you don't like that, then we'll not be working with you.

And what if, like me, they don't actually have a passport?

Pretty hard to produce something that doesn't exist.

[The Agents View]

And what if, like me, they don't actually have a passport?

Pretty hard to produce something that doesn't exist.

Then you can provide your driving licence, backed up by your birth certificate.

If you don't have any of these things, then one can reasonably assume that you don't have a business bank account either, and therefore will not be able to provide the things you need to go contracting in the first place.

[The Agents View]

TAV what lots of agents are not aware that asking me to fax over or scan and email them a copy of my passport is not complying with the law, whether the client requests it or not, or whether I'm opted-in.

This is because I can easily alter it if I wasn't eligible to work in the UK.

However giving you or the client my passport, and you physically checking that it's not been altered before taking a copy is.

That's where the compliance issue is - Personally I ask for you to hand me your passport, or hand it to the client.

You can also take a copy, take it to the post office, and have it verified. As long as the stamp is original etc, then that is also compliant.

You should not be being asked to fax or scan your passport at all.

[nomadd]

And what if, like me, they don't actually have a passport?

Pretty hard to produce something that doesn't exist.

...or like mine, which expired 5 years ago.

Mind you, last 3 gigs have all been Banking and I've turned up on day 1 with it in hand. I explain that I haven't got around to renewing it, and that never seems to be a problem.

[Ardesco]

If part of my service offering is to be able to prove your eligibility to work in the UK, prior to starting with my client, then you are NOT starting until I get that proof. That's the end of the conversation. If you don't have anything to hide, then why would you refuse to show your passport, and allow me to take a copy so that I can show due dilligence if and when I'm asked?

You don't need to if you are engaging my company, the only entity that needs to confirm that I am eligible to work in the UK is my employer (which is my company not you). It's my company that is at risk and the one that will get dragged through the courts if I'm not eligible to work in the UK.

This "if you don't have anything to hide" excuse is utter bulltulip, maybe I should also give you all my bank details, a file on my personal life including my sexual preferences and let you record me walking around for a few days to make sure you're happy that I'm sane and normal, after all if I have nothing to hide....

Far too many people are taking copies of passports with little justification these days and they should not be doing it! It's about time people started standing up for their rights and telling people to feck off when they make unreasonable demands.

Also let me quote this at you:

The Passport is subject to Crown copyright protection under section 163 of the
Copyright, Designs and Patents Act 1988. This means that it may not lawfully be
reproduced without the prior permission of the Controller of Her Majesty’s Stationery
Office (HMSO), an official who as Queen’s Printer and Queen’s Printer for Scotland
manages Crown copyright on behalf of Her Majesty under the terms of Letters Patent.
HMSO’s Information Policy Division administers Crown copyright on behalf of the
Controller.

So bearing that in mind

I'm not fussed as to whether you agree with the above, I don't even care if the law states this and that - the reality, is that if you refuse to provide a copy of your passport, you won't be getting the contract - end of.

You may want to reconsider the above

Got any more legislation you want to try and fire my way as an excuse for making unreasonable demands so I can prove that you don't understand it and are not enacting it in the spirit of the law?

[malvolio]

Chaps, this is a cyclical argument. The agencies are too risk averse to do anything but follow their process, even though 90% of the time what they are doing has no real value or legal standing. Also, of course, they have told their clients that they will verify IDs and rights to work, so that's what they're doing.

We can, of course, go to a solicitor and get them to stamp and verify a statement that they have seen you holding your passport, utility bills and assorted other proofs demonstrating you are who you say you are and are allowed to be here. Costs around £10, and copies can be used for anyone else that needs that information - such as agencies. But that's far too logical and straightforward and will save time, effort and concerns over DPA. So it will never catch on.

[Wanderer]

TAV makes a fair point.

Let's forget all about what the law is, this is nothing to do with any legal requirement. It's unfortunate if agencies erroneously claim that this is a legal requirement (which it may or may not be depending on the detailed circumstances) because it will just muddy the waters and people will argue the toss.

And they can't just start saying to people, ahh since you're a skinhead BNP member, "I'm British innit", I won't be needing to check your passport. Hmm, this next guy is dark skinned and he claims to be born in the UK. Now what, am I going to be called a racist for asking to see his passport when I didn't ask the last guy? Then you get some bloke come along claiming that the dog ate his passport but assuring you that he's a "very honest man".

Stuff it, just treat everyone the same, make everyone produce a passport and be done with it.

They should just say "Our policy is that if you are not willing or able to produce a passport or national identity document which establishes that you have the right to live and work in the UK then the agency is not going to do business with you. End of discussion."

[Ardesco]

TAV makes a fair point.

Let's forget all about what the law is, this is nothing to do with any legal requirement. It's unfortunate if agencies erroneously claim that this is a legal requirement (which it may or may not be depending on the detailed circumstances) because it will just muddy the waters and people will argue the toss.

And they can't just start saying to people, ahh since you're a skinhead BNP member, "I'm British innit", I won't be needing to check your passport. Hmm, this next guy is dark skinned and he claims to be born in the UK. Now what, am I going to be called a racist for asking to see his passport when I didn't ask the last guy? Then you get some bloke come along claiming that the dog ate his passport but assuring you that he's a "very honest man".

Stuff it, just treat everyone the same, make everyone produce a passport and be done with it.

They should just say "Our policy is that if you are not willing or able to produce a passport or national identity document which establishes that you have the right to live and work in the UK then the agency is not going to do business with you. End of discussion."

I don't have a problem with producing my passport so that an agent can verify who I am. I do have an issue with agents insisting that they need to keep a copy of my passport for no reason, especially when they just want me to scan in and email/fax it to them without ever actually seeing me.

What it comes down to is somebody in legal thought it would be a good idea to hold everybody's passport on record so they have all started doing it for no reason in an attempt to cover their arse legally when in actual fact they are doing no such thing (and in some cases potentially making a rod for their own back).