New Aupair hired from Agency - unwillingly to share passport details

[Dmummy]

Hello All,

This is my first thread on Mumsnet , i need your help please.

We have been looking for an aupair for 2 months, we signed up to several agencies and internet websites to enable me get the right candidate.

We got introduced to a Spanish AP through one of the agencies , a contract has been signed by the AP , however i am a bit hesitant signing the contract as i asked the agency to send me a copy of her passport or identity card , but i have been told it is personal information she is unwilling to share .I am being asked to pay the agency fee which i am not comfortable paying as the agency has not provided all the information i asked for.

PS AP resumed 2 weeks ago

Should i be worried or i'm i asking for too much information as i believe i should have a copy of her passport as she is looking after my kids.Any comments welcome .
Thanks

Have you asked the agency if they have checked it/her identity?

Agency sent me Spanish CRB and Medical certificate, i have not asked agency to check her identity.

You don't actually need a copy of her passport though. Ask to see it when she arrives to check she is who she says she is, but you don't need to keep a copy.

I doubt she can get a Spanish CRB without proving her identity, you certainly can't in this country.

I wouldn't pay either.
You cannot host her unless you're sure of her nationality, there are many countries that you cannot legally hire au pairs from. ( the agency should be well aware of this).
Which agency is it?

Can you skype video chat them and ask them to show you the passport, so you can see the photo and name?

You say she resumed 2 weeks ago. Is she living with you?

Yes ,she is a live in aupair

You do need to see and keep a copy of her passport - the page with the bio info.

If she is not in fact a Spanish or other EU member and does not have permission to work in the UK you could be fined thousands of pounds.

Is she already living with you? I am bit confused. If she is, then ask her to show it to you. If she isn't , and the agency won't show you a copy, then refuse to take her.

If it was a straightforward office type job then you would not proceed to offer a contract until you'd seen a copy of the candidate's passport.

It sounds as though she's already working for you therefore you should be able to ask for this info. If you are so concerned about this then it really should have dealt with before you accepted her.

Yes, what thistledew said

Why is this an issue two weeks after she started work for you? If you wanted to/needed to see her passport, why did you agree to her arriving in your house without it? Why are you asking the agency for this information, can you not ask the AP directly?

I agree that you do need to assure yourself that she is Spanish and entitled to work here but I don't know why this wasn't done before now.

www.gov.uk/check-job-applicant-right-to-work

You must do the Employer checks. If someone is refusing to show you a document, then send them home.

I would remind the agency of your legal obligation to ensure your potential employee has a right to work in the UK. HMRC adv. keeping a photocopy of the identity page and necessary visas of all foreign nationals.
Or are they prepared to pay the 10K fine if you are found to be employing someone who is not eligible to work.
I would now be triple checking everything including their contracts of employment as it sounds like they know little of UK employment law. If they state less than 28 days paid holiday per year for your au pair they do not know what they are talking about.

This is interesting. We have had APs for years (through an agency) and I have never checked their passports (or ID cards - all have been French).

I am confident that all have been French, and as such (like half a million others in London) have the right to be here.

Am I being lackadaisical about this?

Radiator you have legal obligations as an employer both to protect yourself and your employees.

Different for us in Aus. Can't get a visa without full immigration check.

It does interest me that UK au pairs are " employed". The government here have broached that for childcare rebates a few times but the costs involved for families paying 50% tax, superannuation and insurance would be cost prohibitive.
So they have left it alone for u pairs to be "guests" living as a part of a family here in receipt of pocket money.

As far as passports go. I have taken a copy once for car insurance purposes. Not done it since.

If she's in your house now, then simply ask her for her passport and national identity card. Take a copy and hand back. If she is reticent then simply tell her that you have a legal obligation in the UK to do employers checks and if she can't provide a copy, then you will have to send her home.