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03-12-15 Bank accounts and driving licences for migrants

Bank accounts and driving licences for migrants

 

The Immigration Act 2014 has undoubtedly given the Secretary of State more enforcement powers and this is further evident by the impact it has had on individuals applying to open bank accounts or for a driving licence.

 

Section 40 of the Act prohibits bank or building society accounts to be opened for individuals without permission to remain in the United Kingdom. There are exceptions to this rule, where the bank or building society has carried out relevant immigration checks. This appears to reflect the duty placed on employers who wish to employ migrant workers and who must, therefore, carry out due diligence before doing so. Whether this will inconvenience or impact some individuals who wish to open a bank account whilst waiting for a decision on an extension of leave application has yet to be seen.

 

The same prohibition extends in instances where an individual applies for a driving licence. The Immigration Act 2014 goes so far as to amend the Road Traffic Act 1988 with a view of limiting illegal migrant rights when it comes to applying for a driving licence and allows the Secretary of State to revoke an existing driving licence of a person who has no permission to stay in the United Kingdom.

 

If you have been affected by any of the issues raised above then you may wish to contact our office to seek further legal advice.

 

 

Sachan Gautam 
Solicitor at D&A Solicitors 
May 2015

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