1 Asylum and Immigration Act 1996

1.1
Section 8 of the Asylum and Immigration Act 1996 requires all employers to make basic document checks on every person they intend to employ, whether permanent, temporary, part-time or full-time.  The requirement also covers casual and occasional paid staff, including demonstrators, lecturers, and other similar academics.  By making these checks employers can be sure they will not break the law by employing illegal workers.   It is a criminal offence for employers to employ a person who is subject to immigration control and does not have the right to work in the United Kingdom.  Liability is not confined to the corporate employer but extends to any ‘...director, manager, secretary or other similar officer’ where the offence has been committed with their consent or connivance or due to their neglect. 

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2 Restrictions in the Right to Work in the UK

2.1
Human Resources can give advice on interpreting visa stamps and Home Office guidance can be found on the Home Office website. While the following is not intended to be a comprehensive guide to the various bases on which work may be restricted, it covers several of the most common examples.


2.1.2
Individuals permitted to enter the UK as a student

  • may work for up to 20 hours per week during term-time and full-time outside of term-time;
  • may not seek and must not be offered permanent employment;
  • may only work up to the limit of their passport stamp
  • may only work if they remain a full-time student (and you may need to seek evidence of the individual's registration on a course for more than 15 hours per week to verify this fact).


2.1.3
Individuals permitted to enter the UK under Tier 5 Youth mobility scheme 

  • may work without restriction but must not seek or be offered permanent work;
  • may only work up to the limit of their passport stamp;
  • may apply for a change of immigration status (to Work Permit status) after one year.


2.1.4
Individuals permitted to enter the UK as a Spouse or Partner of a British National or Other Individual with Indefinite Leave to Remain

  • may work without restriction up to the limit of their passport stamp;
  • may apply for indefinite leave to remain in due course.


2.1.5
Individuals permitted to enter the UK as a Spouse or Partner of a visa national

  • may work without restriction up to the limit of their passport stamp and, in the case of a spouse or partner of an individual in the UK on a student visa, are not subject to the same restrictions with regard to the number of hours to be worked as their spouse or partner.

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3 Checking the Employee's Right to Work in the UK

3.1
With effect from 1 May 2004 the Government has introduced changes to the types of documents we need to check.  Managers must ensure that the following steps are followed and, to have a defence under the Act, must obtain access to, check, copy and retain one or more of the specified document(s) given below. 

Step 1
Ensure that you notify all new employees, prior to commencement, of the need to present original documentation before commencing work. 

Step 2
On or before their first day, the individual must present an original of one document from those listed A1 to A6 OR from those listed B1 to B3 below OR originals of one of the specified combinations of documents given at A7 or B4 to B8 below.

Send any individual who presents themselves without the required documentation home to collect it.

Step 3
Satisfy yourself that the employee is the rightful holder of documents presented to you and that these allow them to do the type of work you are offering, including taking the following reasonable steps:

  • Check any photographs, where available, to ensure that these are consistent with the individual’s appearance
  • Check that dates of birth listed are consistent with the individual’s appearance
  • Check that expiry dates have not passed
  • Check that any UK Government stamps or endorsements permit the type of work you are offering
  • Both of any two documents presented must be in the same name, or if different (or where the individual presents documents in a name other than that under which they applied) seek additional documentation (marriage certificate, divorce document, deed poll, adoption certificate or statutory declaration) explaining the difference.
  • If you are not satisfied in any respect, consult with the HR Office immediately.

Step 4

  • Take a photocopy of the following parts of the documents shown to you:
  • The front cover and all of the pages which give the individual’s personal details, including the page with the photograph and any page which shows his/her signature
  • Any page containing a UK Government stamp or endorsement which allows the individual to do the type of work you are offering.

 
List A:  An original of one of the following documents will satisfy the legal requirement.

  • A1 An ID Card (issued to the holder under the Identity Cards Act 2006) or a passport showing that the holder is a British citizen, or has a right of abode in the UK.
  • A2 An ID card (issued to the holder under the Identity Cards Act 2006), a national identity card or a passport which has the effect of identifying the holder, or a person named in the passport as the child of the holder, as a national of the European Economic Area or Switzerland.
  • A3 A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the Border and Immigration Agency to a national of from an EEA* country or from Switzerland.
  • A4 A permanent residence card issued by the Home Office or the Border and Immigration Agency to a family member of a national of a EEA* country or from Switzerland.
  • A5 A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
  • A6 A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.

List A:  Originals of the following combinations of documents will satisfy the legal requirement.

A7 A document giving the person’s permanent** National Insurance Number and name.  This could be a P45, P60, National Insurance Card, or an official document from a Government agency, plus one of the following:

  • A full*** birth certificate issued in the UK which includes the name of at least one of the  holder’s parents
  • A full adoption certificate issued in the UK which includes the name of at least one of the holder’s parents
  • A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland
  • A certificate of registration or naturalisation as a British citizen
  • A letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK
  • An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay indefinitely in the UK, or has no time limit on their stay

List B:  An original of one of the following documents will satisfy the legal requirement.

  • B1 A passport or other travel document endorsed to show that the holder is allowed to stay in the UK and is allowed to do the type of work in question, provided that it does not require the issue of a work permit.
  • B2 A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it can stay in the UK and is allowed to do the work in question.
  • B3 A residence card or document issued by the Home Office or the Border and Immigration Agency to a family member of a national of a EEA* country or of Switzerland.

List B:  Originals of the following combinations of documents will satisfy the legal requirement.

B4 A work permit or other approval to take employment issued by the Home Office or the Border and Immigration Agency, plus one of the following:

  • A passport or other travel document endorsed to show the holder is allowed to stay in the UK and is allowed to do the work in question
  • A letter issued by the Home Office or the Border and Immigration Agency to the holder of the employer or a prospective employer confirming the same.

B5 A certificate of application – which must be less than 6 months old - issued by the Home Office or the Border and Immigration Agency to, or for, a family member of a national of a EEA country or of Switzerland stating that the holder is permitted to take employment, plus :

  • Evidence of verification by the Border and Immigration Agency Employer Checking Service

B6 An Application Registration Card issued by the Home Office or the Border and Immigration Agency stating that the holder is permitted to take employment, plus:

  • Evidence of verification by the Border and Immigration Agency Employer Checking Service

B7 An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the UK and is allowed to do the type of work in question, plus:

  • A document giving the person’s permanent** National Insurance Number and name.  This could be a P45, P60, National Insurance Card, or an official document from a Government agency.

B8 A letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the UK and is allowed to do the work in question, plus:

  • A document giving the person’s permanent** National Insurance Number and name.  This could be a P45, P60, National Insurance Card, or an official document from a Government agency.

Notes
* EEA:  From 1 May 2004, this means nationals of Austria, Belgium, Cyprus, Czech Republic, Denmark, Eire, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and the UK. 
** NI Number:  Numbers starting TN or terminating in any letter from E to Z are not acceptable.
*** Birth Certificates:  Short birth certificates (which do not include the names of parents), are not acceptable.
Although other documents may suffice for the purpose of establishing a right to work in the UK, employees must also bring with them a birth certificate/passport/national identity card as proof of age and identity.  To be accepted as proof of age, national identity cards must include a date of birth.
Any birth certificate, passport or other documentation presented to establish age, identity and/or right to work in the UK, must be in the name by which the individual is known to the employer, or accompanied by relevant formal documentation validating a change in that name, e.g. marriage certificate, divorce decree, deed poll or statutory declaration etc.

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4 Applying for Work Permits

4.1
Work permit arrangements allow employers based in the UK to employ people who are not nationals of a European Economic Area country and who are not entitled to work in the UK.

4.2
Full guidance on work permit arrangements, how to apply, and application forms can be found on the UK Border Agency website .  We recommend that you consult with the HR Manager and/or HR and Recruitment Adviser before submitting a work permit application.

4.3
The Human Resources can provide guidance on interpreting Visa stamps.

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