LEGAL COMPLIANCE - 15.03.2018

Can a director countersign a passport application?

An employee has asked you to countersign their passport application on the basis that you are a director. Isn’t this only for lawyers, doctors and members of the clergy etc.?

Second signature needed

When a person is applying for a passport there are certain situations where, to prove their identity, they will need both the passport application form and one of their required photographs signed by someone else - known as the “countersignatory”. This is where the passport application relates to:

  • a first adult passport
  • a replacement for a lost, stolen or damaged passport
  • a renewal where the holder’s appearance has changed and they can’t be recognised from their existing passport.

Who can sign?

There is a strict list of persons who may countersign a passport application; they must either be a “person of good standing in their community” or work in, or be retired from, one of the recognised professions (see The next step ).

Tip. You might be surprised to learn that directors of both VAT-registered and non-VAT registered limited companies can act as a countersignatory. You don’t need to be e.g. a solicitor or doctor.

Restrictions

However, this doesn’t mean you can countersign just anyone’s passport application. The rules also state that you must have known the passport applicant for at least two years and must be able to identify them, e.g. they are a colleague as opposed to someone you know professionally. So if an employee hasn’t worked for you for at least two years, you can’t be their countersignatory.

No close relationships

In addition, you can’t countersign a passport application for any person you are closely-related to or involved with. So if you are related by birth or marriage, in a close personal relationship or live at the same address, you can’t countersign their passport application.

Your own passport

Finally, a director who is approached to act as a countersignatory for a passport application originating in the UK must: (1) live in the UK; and (2) have a current British or Irish passport.

If you don’t meet both criteria, e.g. your passport has expired, you must not countersign the passport application. It’s a criminal offence to make a false declaration on a passport application.

Note. Do be aware that those who act as a countersignatory may be contacted by HM Passport Office for more information.

Where a child is applying for a first passport, or they are aged eleven or under and renewing a passport, their application will also require a countersignatory.

Tip. If an employee approaches you on their child’s behalf, exactly the same rules apply - even if the employee has worked for you for two years but you’ve never met the child, or have only done so occasionally, you shouldn’t act as their countersignatory.

For the list of recognised countersignatories, visit http://tipsandadvice-business.co.uk/download (CD 19.12.06).

Directors of limited companies can countersign passport applications provided they live in the UK and have a current British or Irish passport. However, you must have known the applicant for at least two years, not be related to them by marriage or birth, live at the same address or be in a relationship with them.

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