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| The Bad News
The government has introduced changes which make an employer responsible for preventing illegal migrants working in the UK. The changes essentially shift the burden of carrying out certain immigration checks from the Home Office to the individual employer with very serious civil and criminal penalties if the employer gets it wrong.
The Good News
An employer can establish a statutory defence against the civil penalty by checking, copying and retaining a specified combination of original documents.
How to Protect Yourselves
For every new employee from 29th February 2009 (and we strongly recommend for all current employees) an employer should carry out the following steps:
Step 1.
The prospective employee must provide the specified documents as detailed in List A or B produced by the Home Office: www.bia.homeoffice.gov.uk/employingmigrants.
Step 2.
Check the validity and authenticity of the documents that the prospective or existing employee is the person named in the document; that the documents allow them to do the work in question; that photographs and dates of birth are consistent across documents; check visa limitation dates; check any restrictions on the visa; check that the documents presented are genuine and belong to the holder.
Step 3.
Take copies of all the checked documents. These must then be kept securely for the duration of the individual’s employment and for a further two years after their employment has ceased.
Annual Check
If the individual is not subject to immigration control, or has no restrictions on their stay in the UK they should be able to produce a document or specified combination of documents before they are employed, from List A.
However, where the leave to enter or remain in the UK is time-limited the document(s) provided will be specified in List B, in which case you should carry out the checks before employment begins and carry out follow up checks at least every 12 months. On each occasion you should repeat the steps detailed above and keep a record of the dates of the follow up checks.
How We Can Help
We can advise and assist you with:
• The checks and procedures you need to put in place to ensure you are fully protected with a statutory defence;
whilst ensuring tour practices do not breach discrimination laws.
• Ensure your annual checks are fully complaint and that you continue to be protected with a statutory defence.
• Deciphering visa endorsements in foreign passports and any limitations on working, living and staying in the UK.
• Undertake an audit of your existing practices and procedures for checking new staff and existing employees, or
• Prepare an “Employers’ Protection Pack” on behalf of individual employees which will include all the necessary
checks, copy documentation and a confirmation letter clearly detailing the individual’s immigration status,
an limitations and whether they have permission to work.
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