Under the Immigration, Asylum and Nationality Act 2006 we have a legal duty to prevent illegal working by checking documents to confirm that everyone we employ has the right to work in the UK.
If we employ an illegal migrant worker we could be fined up to £20,000 per illegal worker and if they are knowingly employed there could also be an unlimited fine and/or a prison sentence of up to two years.
- We have to check certain documents so we can establish a legal 'excuse' against liability for payment of a civil penalty if someone is wrongly employed.
- We also have a responsibility to track and monitor the immigration status of migrant workers once they are employed and report unauthorised absence.
- Checks need to be carried out for every person that we intend to employ, regardless of their race, ethnicity or nationality to avoid any potential discrimination. The Home Office has a code of practice on complying with the law without discriminating.
Where can I go for help?
- These pages contain guidance about how we can make sure we aren't employing anyone illegally and the processes we have to follow and checks we need to carry out.
- You can contact your Faculty/Service HR Manager/Officer with any queries.
- The Home Office has information on its website and an employers' helpline (0845 010 6677) for advice.
- The Home Office also has an 'employers checking service' which you can use to check the status of anyone who currently has an application or appeal being considered by the Home Office and has provided a holding letter confirming this.
Who is entitled to work in the UK?
The following groups are considered to be 'settled workers' who arent subject to immigration control and therefore have no restrictions on working in the UK:
- British citizens.
- European Economic Area (EEA) nationals, except Croatia (see below). Member countries are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
- Citizens of Switzerland.
- Individuals with indefinite leave to remain in the UK.
- Commonwealth citizens who are allowed to enter or to remain in the UK on the basis that a grandparent was born here (Ancestry visa).
- Individuals who hold an unexpired Tier 1 (General), Tier 1 (Exceptional Talent) or Tier 1 Post Study Worker visa or Tier 4 Doctorate Extension Scheme.
- Dependents, husband, wife or civil partner of a UK or EEA national or an individual who has an existing right to work in the UK (Dependant or EEA family member visa).
- Students with (Tier 4) visas which entitle them to work on a part time basis (limited to a maximum of 20 hours per week during term-time).
- Holders of Tier 5 Youth Mobility Scheme visas.
Nationals from Croatia (who do not have an ongoing right to work in the UK) may need to be sponsored under the Points Based System and may need to apply for a Registration Certificate. More information can be found on the Working in the UK as a Croatian national webpage of the Home Office website.
What documents do I need to check?
We have a legal duty to check that all our employees have the right to work in the UK before they start work. Checks must be carried out before they begin their employment or, at the very latest on their first day of work.
Ask your potential employee to provide the required original documents from List A or List B from the download below.
The UK Visa and Immigration has full guidance on required documents including sample copies.
You must be satisfied that your potential employee is the rightful holder of the documents, that they havent been tampered with and that they allow them to do the work offered.
All documents submitted should be originals, and you need to check that:
- photographs in documents are consistent with their appearance;
- dates of birth are consistent with their appearance;
- expiry dates of any limited leave to enter or remain in the UK havent passed;
- UK Government stamps or endorsements allow them to do the type of work;
- the documents are genuine and have not been tampered with and belong to the holder;
- if two documents are presented which have different names, they have a further document which explains the reason for this (e.g. marriage certificate, divorce document, deed poll, adoption certificate or statutory declaration).
Make a photocopy of the front cover and all of the pages which give the individuals personal details. In particular, copy any page that provides details of name, nationality, photographs, date of birth, signature, date of expiry and biometric details. For list B make sure copies of the Biometric Residence Permit are taken.
- Copies must be signed and noted as verified copies of the original documents; and
- Copies should be sent to Central HR with the appointment information where they will be retained.
If you arent sure if they are permitted to work in the UK, contact HR for advice.
Where it is confirmed that they arent permitted to work in the UK, we won't be able to continue to employ them.
We also have to make annual checks of anyone who has limited leave to remain and work in the UK and has provided documents in list B to confirm that they still have the right to work.
Central HR will remind you when these checks need to happen.
Changes to report to the UK Visas and Immigration
Under the Immigration, Asylum and Nationality Act 2006 we have a number of responsibilities to track and monitor migrant workers.
- If a sponsored migrant doesn't come in on their first day of work you must report this immediately to your local HR Manager/Officer. They will try to contact them to find out the reason for non-attendance. If they won't be starting work or if there is no response, the Central HR team will report this to the UK Visas and Immigration (UK V&I) within 10 working days.
- If a sponsored migrant is off work for more than 10 working days without permission you must report this immediately to your local HR Manager/Officer. The Central HR team will report this to the UK V&I.
The Central HR team will automatically let the UK V&I know:
- If a sponsored migrants contract of employment is terminated early (including resignation or dismissal);
- If we stop sponsoring a migrant for any other reason (for example if they move into an immigration category that doesn't need a sponsor);
- If there are any significant changes in a migrants employment circumstances (for example a change in the length of contract, job or salary. This doesn't include changes to job titles or annual pay increases).
We need up to date contact details (including home address and phone number) for all migrant workers. Make sure that any changes are made in the SAP HR system by either your Faculty/School/Service HR contact or the Central HR team.