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 Post subject: Right to licence checks
PostPosted: Wed Nov 30, 2016 12:28 pm 
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received this email today

Dear driver and operators



Firstly I would like to apologise for the short notice but we only received confirmation and draft guidance of the date of enactment of the new legislation at the end of last week.



I am writing to inform you that The Immigration Act 2016 amends existing licensing regimes in the UK to seek to prevent people without lawful immigration status and the right to work from holding taxi or PH driver or operator licences. Licensing authorities are under a duty not to issue licences to people who are disqualified by their immigration status from holding them. In order to discharge this duty we will conduct document checks as part of the licensing application process.



From 1 December 2016 your right to work in the UK will be checked as part of your licence application. This could include the authority checking your immigration status with the Home Office or otherwise share data. You must therefore provide a document or document combination that is stipulated as being suitable for this check. The list of documents is attached to this email. You must bring the original document(s) such as a passport or biometric residence permit so that the check can take place. The document(s) will be copied and the copy retained by the licensing authority. The original document(s) will be returned to you.



If there are restrictions on the length of time you may work in the UK, your licence will not be issued for any longer than this period. In such circumstances, the check will be repeated each time you apply to renew or extend your licence. If, during this period, you are disqualified from holding a licence because you have not complied with the UK’s laws, your licence will lapse and you must return it to licensing, failure to do so is a criminal offence.



To ensure we do not discriminate against anyone, all licence applicants will be treated in the same way during the licence applications process. Following the correct checks, applicants who have a permanent right to remain in the UK and can produce a document(s) from List A, will not require further checks when they subsequently apply to renew or extend their licence.



Failure to provide the documents may result in the refusal of your application.



Kind regards



Licensing





there are two lists attached but reading through I can see that this might make it difficult for UK born people to get a license if they haven't got a passport because only the department of employment lists NI numbers the taxman usually has your tax reference code not NI number on all correspondence. So if you've never been unemployed and no longer have your NI card issued when you were a teen your stuffed

Lists of acceptable documents for right to a licence check
The lists of documents are based on those prescribed to show evidence of a right to work.
List A: No immigration restrictions on right to a licence in the UK. Once you have undertaken the necessary check once, if you retained the copy, you will not have to repeat the check when they subsequently apply to renew or extend their licence
1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland.
3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
4. A Permanent Residence Card issued by the Home Office to the family member of a national a European Economic Area country or Switzerland.
5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
7. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
8. A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s parents or adoptive parents, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
9. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
10 A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

List B: Immigration restrictions on the right to a licence in the UK. You may issue the licence (subject to statutory limitations) up to the expiry date of the permission to work in the UK. You will need to check immigration status each time they apply to renew or extend their licence.
1. A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
2. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.
3. A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.
4. A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

1. A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old together with Verification from the Home Office Evidence and Enquiry Unit. The licence may be granted for six months from the date of the Certificate of Application.
2. A Verification issued by the Home Office Evidence and Enquiry Unit to you, which indicates that the named person may stay in the UK because they have an in time application, appeal or administrative review and which is outstanding. The licence may be issued for six months from the date of the licence decision.

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PostPosted: Wed Nov 30, 2016 2:41 pm 
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5hitt thats half our towns drivers fooked up then

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PostPosted: Wed Nov 30, 2016 5:46 pm 
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wannabeeahack wrote:
5hitt thats half our towns drivers fooked up then



good sling emm out of the trade NOW!!

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PostPosted: Wed Nov 30, 2016 6:33 pm 
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wannabeeahack wrote:
5hitt thats half our towns drivers fooked up then

I alluded to the Immigration Act in a post about a month ago.

One reading of the draft guidance means that down here at least 10-15% of drivers will be binned.

Another more recent piece of guidance isn't so extreme, but dozens will lose their licenses.

I'm not sure the Home Office have worked it out themselves yet, but it could defo be a game changer.

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PostPosted: Wed Nov 30, 2016 7:46 pm 
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Have received the same in Sefton....

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PostPosted: Wed Nov 30, 2016 10:13 pm 
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This checking of status commences at 12 midnight today,anyone who renewed there drivers license before it expired on the 30 November be careful driving after midnight as you could be declared as an unlicensed driver as you will not have been through the checking system.

Suggest if this applies to anyone get up to your licensing office for it opening in the morning to present the correct document.


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PostPosted: Wed Nov 30, 2016 10:17 pm 
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Immigration restrictions on the right to a licence in the UK. You may issue the licence (subject to statutory limitations) up to the expiry date of the permission to work in the UK. You will need to check immigration status each time they apply to renew or extend their licence

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PostPosted: Thu Dec 01, 2016 1:42 am 
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Could this apply to eastern europeans????


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PostPosted: Thu Dec 01, 2016 7:20 am 
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skippy41 wrote:
Could this apply to eastern europeans????

It wont apply to people from the EU because they have a right to work here. This is about people without the right to work here.

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PostPosted: Thu Dec 01, 2016 9:07 am 
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IT MAINLY WILL EXCLUDE NATURAL BORN BRITS !!!!!!!!!

I am born in and have lived in the UK all my life but under these rules I will not qualify because I don't have a passport and I don't claim benefits

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PostPosted: Thu Dec 01, 2016 9:54 am 
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edders23 wrote:
IT MAINLY WILL EXCLUDE NATURAL BORN BRITS !!!!!!!!!

I am born in and have lived in the UK all my life but under these rules I will not qualify because I don't have a passport and I don't claim benefits

So you don't have a birth certificate issued in the UK?

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PostPosted: Thu Dec 01, 2016 12:03 pm 
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grandad wrote:
edders23 wrote:
IT MAINLY WILL EXCLUDE NATURAL BORN BRITS !!!!!!!!!

I am born in and have lived in the UK all my life but under these rules I will not qualify because I don't have a passport and I don't claim benefits

So you don't have a birth certificate issued in the UK?




The correct birth certificate depends on how old you are,my eldest is 46 she along with my other off spring only have short red birth certificates which does not state parentage,the government stopped issuing full certificates.

A lot of British Isles born people do not and never have possessed a passport.

My Local Authority have even stated that an out of date passport is an acceptable document of proof.

Have we not already provided necessary documentation to prove who we are when applying for our DBS checks,this exercise on proving we are British can end up being costly to the British born resident of our Islands.


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PostPosted: Thu Dec 01, 2016 2:51 pm 
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heathcote wrote:
grandad wrote:
edders23 wrote:
IT MAINLY WILL EXCLUDE NATURAL BORN BRITS !!!!!!!!!

I am born in and have lived in the UK all my life but under these rules I will not qualify because I don't have a passport and I don't claim benefits

So you don't have a birth certificate issued in the UK?




The correct birth certificate depends on how old you are,my eldest is 46 she along with my other off spring only have short red birth certificates which does not state parentage,the government stopped issuing full certificates.


I think it has always been an option when registering a birth if you want to have a full certificate or a short one. The difference is the price.
The registration district will still have the full details so it is easy enough to get one.

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PostPosted: Thu Dec 01, 2016 3:59 pm 
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grandad wrote:
edders23 wrote:
IT MAINLY WILL EXCLUDE NATURAL BORN BRITS !!!!!!!!!

I am born in and have lived in the UK all my life but under these rules I will not qualify because I don't have a passport and I don't claim benefits

So you don't have a birth certificate issued in the UK?



yes but it has my name on it and the registrars name but not my parents names so is useless and i have spent 4 hours today trying to obtain proof of my national insurance without success

If you are a non passport holder you are screwed !!

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PostPosted: Thu Dec 01, 2016 4:37 pm 
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It takes about a month to get a full birth certificate but they are currently experiencing VERY high demand I wonder why :roll:

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