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Your Bank Will Now Police Your Immigration Status

The requirement for banks and building societies to check on the immigration status of their existing current account holders came into force on 30 October 2017. Measures have already been in place for banks and building societies to carry out immigration status checks on those applying for a new current account since 2014.

 

 

 

Bank and building societies are now prohibited from continuing to operate an existing account for an individual who is disqualified by reason of their immigration status from accessing bank services. An individual is ‘disqualified’ if they are a foreign national who requires permission to be in the United Kingdom but does not have it. The following examples have been provided by the Home Office:

  • never had leave to enter or remain because of illegal entry
  • had leave but stayed after it expired or was revoked
  • European Economic Area (EEA) national subject to deportation action who has exhausted all rights of appeal

To ascertain whether individuals are disqualified, banks and building societies are required to check their customer data against details of known illegal migrants supplied by the Home Office, via a specified anti-fraud organisation (Cifas). If an account holder’s name, address and date of birth match the Home Office data on known illegal migrants, the bank or building society must notify the Home Office. The Home Office will then conduct a secondary immigration status check to confirm the match. If the Home Office confirms the individual is disqualified from operating an account, it may instruct the bank or building society to close the account, or it may apply to court for a freezing order.

Where an individual believes that there has been a mistake in the closure of their account, they are required to contact the Home Office and provide evidence of their lawful status. If a mistake has been identified, the Home Office will change the details so that the account can be re-opened.

There is currently no information on how long the Home Office will take to carry out their review, this is worrying as an individual whose current account has been closed by mistake could be waiting for weeks before anything is done about it.

is the latest measure by the Home Office to create a ‘hostile environment’ for illegal migrants. If you are currently residing in the United Kingdom without immigration status and require advice and assistance with regularising your status, please contact Aldijana Hoad of Paragon Law on 0115 964 4123 or aldijanah@paragonlaw.co.uk. Similarly, if you believe that your current account has been closed by mistake and you require assistance with corresponding with the Home Office, please contact us and we will be happy to assist you.