UK:Identity Cards for Migrant Workers

The UK Border Agency ("UKBA") has now provided further information on applying for Identity Cards For Foreign Nationals (ICFNs).

Biometrics must be given as part of the ICFN application process and is currently obligatory for those applying for ancestry extensions, domestic workers, academic visitors and visitors for medical treatment.

 

From 6 January 2010, those applying for extensions of their work permits under Tier 2 must also provide biometrics, which means appearing in-person at a biometric collection centre. Highly Skilled Migrants will also be affected later in 2010.

 

This will involve changes to Sponsors internal systems to ensure the correct employee documentation is retained.  

The UKBA is still on target to introduce ICFNs for all migrants granted leave to remain for more than 6 months by April 2011.

Impact on the Tier 2 Extension Application Process

Unfortunately these changes are likely to increase processing times as migrants (and their family members) will have to submit their biometric details (fingerprints and photograph) in person before their application can be processed irrespective of whether they have already provided biometric details for entry clearance applications abroad.

Changes to the Submission of Biometric Details

The UKBA will allow biometric details to be submitted at some Post Offices across the country without the need for prior appointment. 

This will supplement the Biometric Enrolment Centres (in Croydon, Sheffield, Solihull, Cardiff, Liverpool, Belfast and Glasgow) and Identity and Passport Service Interview Offices (London, Brighton, Birmingham and Derby) where biometric details can currently be submitted by prior appointment. No additional fee will be charged to submit biometric details. 

Biometric Enrolment at Post Offices – Locations

Applicants living in London can currently submit their biometric data at a designated Post Office in Old Street. 

Battersea, Camden and Earls Court Post Offices are due to be added to the approved list shortly. 

The Public Enquiry Office in Croydon also offers appointments, as does the Passport Office in Elephant and Castle.

Outside London, biometric data can be submitted at specific Post Offices in Beckenham, Bracknell, Cambridge, Durham, Kingstanding, Middleton, Romsey, South Shields and Aberdeen.

Biometric Enrolment at Post Offices – Eligibility

Applicants who are required to give biometrics and who have submitted their application by post, may now qualify to submit their biometric data at designated Post Offices. Eligibility will be governed by the applicant's home address postcode. Those eligible will receive a letter of invitation from the UKBA, but may then simply walk-in (a prior appointment will not be needed). 

To prove eligibility, it is necessary to take the UKBA letter of invitation – the back page of this letter must be presented to the Post Office representative.

Applicants will also be charged a handling fee of £8.00, which will be payable by cash or debit card at the Post Office.

Applicants filing under the same day premium service will provide their biometrics when they attend their appointment

The UKBA estimates it should take an average of 10 minutes for each applicant to provide biometrics  . It is currently proposed that the ICFN will be sent via secure delivery to all successful applicants within 10 days of the date of their Home Office decision letter – same day production and issue of the card is not possible.  This may mean that some applicants are prevented from travelling until the ICFN, documenting their status in the UK, is produced and travel plans will need to be factored into planning timelines where leave is about to expire.

 What This Means for Employers

Migrants issued with ICFNs will no longer receive an endorsement in their passport as evidence of their valid leave to remain in the United Kingdom.  The ICFN rather than the passport will be proof of their status The UKBA will gradually expand the number of categories of migrant that must apply for ID cards.

A Sponsor will be required to closely examine the ICFN as part of any on-boarding or annual illegal working checks to ensure that it contains the migrant's name, a "valid until" date for their leave to remain and their immigration status and take a copy for its records that it can establish a Statutory Excuse against any civil penalty for employing a migrant without permission to work here.

ICFNs will only be issued to Tier 2 migrants who are extending their leave from January 2010 .New Tier 2 migrants (for example students switching into this category) will continue to have residence permits endorsed in their passports until further notice and the Sponsor must continue to keep a copy of the passport as evidence of current immigration status in the UK.

Sponsored migrants with ICFNs should ensure that they have both their passport and ID card when travelling, as the ID card cannot be used as a substitute for a valid passport. A passport will prove the holder's right to travel to their destination and their ID card will evidence their right to remain in the UK.

It is regrettable that applicants who have already provided biometrics overseas have to go through this process again at the extension stage and that the same day processing of applications will effectively disappear. 

Biometric Enrolment at Mobile Units

Mobile units currently exist to serve applicants who cannot attend a fixed biometric location due to medical reasons only.