Know Your Rights as a Migrant

Imagine starting a new job in London, Manchester, or Birmingham; you have completed your onboarding, submitted your paperwork, and are ready to settle into your new role. Then your employer asks to keep your passport. You agree because you assume it is part of the standard process, but days turn into weeks, and whenever you ask for it back, you receive another vague excuse.

If this sounds familiar, please take it seriously: your passport is a vital identity and travel document, and you should never feel trapped at work because someone else is holding it. For migrants, especially those whose visas depend directly on their employment, this situation can feel frightening, as you may worry about losing your income, damaging your immigration status, or being forced to leave the country. However, knowing your rights will help you recognise when a workplace request has crossed a line and give you clear steps to protect yourself.

Can an Employer Legally Keep Your Passport in the UK?

UK employers have a strict legal responsibility to check that everyone they employ has the right to work in the UK. Depending on your immigration status, this involves checking an online share code or examining original documents acceptable under Home Office guidance, and employers are allowed to retain appropriate copies to prove they completed the required checks.

However, there is a fundamental difference between checking your passport and keeping hold of it. An employer should never treat your passport as company property or use it to control your movements, as there is no general right for an employer to keep your passport indefinitely simply because you work for them. If your manager says the company must retain your original passport, ask for the specific reason, how long it will be held, and the exact date it will be returned. If an employer refuses to return it, avoids giving a clear explanation, or makes its return conditional on paying money, the situation requires urgent attention.

Why Keeping Your Passport Is a Major Warning Sign of Exploitation

Your passport is more than a document you present at the airport; it is essential when proving your identity, opening bank accounts, dealing with official organisations, and arranging emergency travel. Losing access to it can make an already difficult workplace situation feel completely overwhelming.

Imagine your employer has delayed your wages for two months: you want to resign, but your manager tells you that you cannot leave until you repay thousands in recruitment costs, and when you ask for your passport, the answer is always, “We will give it back when everything is settled.”

That is not ordinary workplace administration. Withholding identity or travel documents, restricting someone’s freedom to leave a job, making threats, or demanding money to release documents are severe warning signs of labour exploitation and potentially modern slavery. You do not have to wait until a situation becomes physically violent before seeking help; if you feel trapped, intimidated, or unable to leave your job freely, you deserve immediate support.

Do Not Let Your Employer Use Your Visa to Frighten You

This is where things can become especially stressful for migrants on sponsored work visas. You may have spent thousands of pounds preparing to move to the UK, paid visa fees, found accommodation, and started building a life, making the thought of losing your immigration status feel like you have no choice but to tolerate unfair treatment. An employer might exploit that fear by claiming, “If you resign, you lose your visa immediately,” or, “You owe us money, so you cannot leave.”

You need to understand two critical points:

1. Employers Cannot Cancel Visas Directly: Your employer cannot personally cancel your immigration permission simply because you resign or raise a concern. However, if your sponsored employment ends, your employer must report the termination to the Home Office, which may eventually initiate curtailment action regarding your permission.

2. Changing Employers Is a Defined Legal Process: Changing employers usually requires securing a new eligible job offer and applying to update your skilled worker permission before starting the new sponsored role.

Be equally cautious regarding demands for recruitment fees: do not automatically accept an employer’s demand that you repay thousands of pounds. Request an itemised breakdown and independent legal advice on whether the charge is legally enforceable.

What to Do If Your Employer Refuses to Return Your Passport

If your passport is being withheld, focus on protecting yourself and creating a clear paper trail. If it is safe to do so, send a written request by email or message asking for your document to be returned:

“I am requesting the return of my original passport. Please confirm when and how I can collect it. If the company believes it needs to retain the document, please provide the specific reason and expected return date in writing.”

Save all relevant emails, contracts, payslips, recruitment agreements, and written messages demanding money or making threats. Store copies securely in personal cloud storage that your employer cannot access. If your employer refuses to cooperate, contact the Modern Slavery and Exploitation Helpline on 08000 121 700 for confidential advice, and if you are in immediate physical danger, call 999 straight away.

What If You Need to Leave an Abusive Sponsored Job?

You may feel that leaving your employer is too risky, but staying in an exploitative situation is not your only option. Do not rely on the misconception that you automatically have a 60-day grace period starting on your final working day; the 60 days generally relates to the timeframe the Home Office provides in an official curtailment letter after processing a sponsor’s notification, and exact timings depend on your case.

Speak to a qualified, regulated OISC immigration adviser about your current permission, alternative sponsor options, and the exact timing for submitting a new application.

Finally, remember that holding a No Recourse to Public Funds (NRPF) condition on your visa does not mean your employer can control your passport or ignore your employment rights. NRPF specifically restricts access to designated state benefits; it is not permission for an employer to exploit you. You can take your visa responsibilities seriously while firmly demanding the freedom, dignity, and fair treatment you are legally owed.