UK bank constantly sending letters for US SSN

Sorry, not sure where you are?

We use RBS. It's had a lot of bad publicity, but they have been very good with my daughter's needs while she was over here as a student, and now are taking good care of both of us since we are here as a student/retiree duo.

Sorry, not sure where you are?

We use RBS. It's had a lot of bad publicity, but they have been very good with my daughter's needs while she was over here as a student, and now are taking good care of both of us since we are here as a student/retiree duo.

Thanks for the suggestion Nan. I will look into RBS to see if there are any branches around here. I live in the Northeast (Sunderland).


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Do you have some reference to support this as I would use it to write to my MP to plead my case.

Equality Act 2010, Part 2, Chapter 1
http://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/1

The protected characteristics
The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation.

Equality Act 2010, Part 2, Chapter 1, Section 9
http://www.legislation.gov.uk/ukpga/2010/15/section/9

Race includes—
(a)colour;
(b)nationality;
(c)ethnic or national origins.

Equality Act 2010, Part 2, Chapter 2, Section 13
http://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/2

Direct discrimination
(1)A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.
(2)If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.
(3)If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
(4)If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.
(5)If the protected characteristic is race, less favourable treatment includes segregating B from others.
(6)If the protected characteristic is sex—
(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;
(b)in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy or childbirth.
(7)Subsection (6)(a) does not apply for the purposes of Part 5 (work).
(8)This section is subject to sections 17(6) and 18(7).

There is a European Directive which gives people in the EU the right to a basic payment account regardless of a person's place of residence or financial situation.

Financial situation
- Many UK banks won't take bankrupts. These have to look around to see if they can find a bank who will give them an account.
- Some won't take those they deem to be a risk.

Residence
- The UK now won't allow a bank account if they don't have lawful status in the UK.
- Under the Immigration Act 2016, banks in the UK are now required to look for and close the bank accounts of those who don't have lawful residence in the UK. Even those who remain in the UK as they have a JR pending, or who have an application in with UKVI outside of the immigration rules,  can have their bank accounts closed/frozen as these don't have protection under 3c of the Immigration Act 1971.

Equality Act 2010, Part 2, Chapter 1
http://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/1

Equality Act 2010, Part 2, Chapter 1, Section 9
http://www.legislation.gov.uk/ukpga/2010/15/section/9

Equality Act 2010, Part 2, Chapter 2, Section 13
http://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/2

There's a catch 22 to this:

Parliament passed clause 222 of the Financial Act of 2013 requiring the UK banks/building societies to adhere to the US/UK FATCA IGA, including acting (requesting an SSN) on a US birth place or US nationality.

http://www.legislation.gov.uk/ukpga/2013/29/section/222/enacted

My understanding is since it is UK law, passed by Parliament, the Sovereignty of Parliament protects against challenges.
"Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation......"

https://www.parliament.uk/about/how/role/sovereignty/

Financial situation
- Many UK banks won't take bankrupts. These have to look around to see if they can find a bank who will give them an account.
- Some won't take those they deem to be a risk.

Agreed, I believe that is accepted as standard due diligence by a bank when opening an account for any applicant.

Residence
- The UK now won't allow a bank account if they don't have lawful status in the UK.
- Under the Immigration Act 2016, banks in the UK are now required to look for and close the bank accounts of those who don't have lawful residence in the UK. Even those who remain in the UK as they have a JR pending, or who have an application in with UKVI outside of the immigration rules,  can have their bank accounts closed/frozen as these don't have protection under 3c of the Immigration Act 1971.

Interesting. Does this require past non-UKC residents, such as Canadians, Australians, etc., who have lived in the UK in the past but have now returned to their home country to close all UK bank accounts upon termination of their visa? Is this limited solely to bank accounts?

My understanding is since it is UK law, passed by Parliament, the Sovereignty of Parliament protects against challenges.
"Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation......"

That's why I said "tested in court". A court would have to decide which law override the other. Parliament is free to pass contradictory laws if it wants, although doing so IMO is grossly unfair on the populace. I believe the Equality Act would take precedence.

Agreed, I believe that is accepted as standard due diligence by a bank when opening an account for any applicant.
Interesting. Does this require past non-UKC residents, such as Canadians, Australians, etc., who have lived in the UK in the past but have now returned to their home country to close all UK bank accounts upon termination of their visa? Is this limited solely to bank accounts?

OMG, it is SO hard to open a bank account WITH lawful residence here.

But to answer your question, No.  I do not believe they check anything after the account has been opened.

Does this require past non-UKC residents, such as Canadians, Australians, etc., who have lived in the UK in the past but have now returned to their home country to close all UK bank accounts upon termination of their visa?

No. It's only for those living in the UK when they are not allowed to. All accounts are being checked.

One foreign national who no longer lives in the UK but kept her UK bank account, said that to get another bank card for that account she needed a UK address, so changed her address to that of a UK friend to get her card. She just got a letter asking for proof that she had permission to reside in the UK. To prevent her UK account being frozen and closed, she had to show proof that she wasn't in the UK, even though she told the bank she was when she gave a UK address. 

Under the Immigration Act 2014, DVLA revoke their UK driving licence if they live in the UK and don't have permission to, but the licence is not revoked if they live outside the UK.

No.  I do not believe they check anything after the account has been opened.

Yes they do now. Keep up. We have known this was going to happen, about 4 years ago.

It was part of the Immigration Bill 2014 as it wound its way throught Parliament and the Lords and became the Immigration Act (law) 2016 in June 2016. The bank account checking part of that 2016 law, started in January 2018.

It's been so easy for illegals/overstayers/visitors to abuse the UK, i.e work, steal from the NHS, rent, delay deportation for years by keep appealing every visa they put in for that they won't get, etc, that the UK decided to stop everything that made it easy for these to abuse the UK. Hence all the rule changes and the two new immigration acts.

Yes they do now. Keep up. We have known this was going to happen, about 4 years ago.

It was part of the Immigration Bill 2014 as it wound its way throught Parliament and the Lords and became the Immigration Act (law) 2016 in June 2016. The bank account checking part of that 2016 law, started in January 2018.

Really?  No one has asked to see any updated info on me from the bank!

Account opened in 2010.

Really?  No one has asked to see any updated info on me from the bank!

Account opened in 2010.

It only started last month, but you are lawfully in the UK so won't be asked for proof. It's the same way that you can use the NHS bill free without being asked for proof, the linked computer systems/shared access to other government departments, shows that you are living in the UK and that you are allowed to live in the UK.

The banks write to those who they can't see has lawful status, asking for proof of their right to reside in the UK and if that isn't given, they close the account. Or just close their accounts if they are known overstayers.

The exit checks were brought back a few years ago, so now the UK knows who hasn't left when they should have.