From 1 May 2004 amended
regulation came into force amending the procedures which
organisations have to follow in order to assure themselves that new
employees are eligible to work in the UK and thus avoid prosecution
under the 1996 Act if an employee is subsequently discovered to be
working illegally.
The Government introduced changes
to the types of documents, which an employer needs to check to
avoid employing illegal workers:
Step 1:
Ask all potential employees to
provide:
one
of the original documents included in List 1
OR
two
of the original documents in the combinations given in List
2
Step 2:
Satisfy yourself that the
potential employee is the rightful holder of any of the documents
they present to you:
- Check photographs
- Check expiry dates
- Check stamps and endorsements
- Compare date of birth with appearance
- Check consistency of documents
Step 3:
Make a photocopy of the following
parts of all documents shown to you:
- Front cover and all pages
which give personal details, in particular, the page with
the
photograph
and the page with the person's signature
- Any page containing UK
Government stamp or endorsement which allows your
potential employee
to do the type of work you are offering.
On 1 May 2004, a number of new
countries joined the European Union, allowing their citizens to
work legally in the UK. The Government wishes to
monitor the impact on the labour market of workers from eight of
these new countries (Latvia, Slovakia, Czech Republic, Lithuania,
Slovenia, Estonia, Hungary and Poland but not Cyprus and
Malta) and therefore requires these workers to register
with the Home Office. From 1 May 2004, an
employer had to check whether a potential employee is
actually a national from one of these eight countries, and advice
them that they are required to register immediately with the Home
Office. Once registered, the employee and the
employer will receive a registration
certificate. It will be illegal to employ a
citizen of one of these countries for longer than one month without
a Certificate.
- British Passport.
- Passport, national identity
card or a UK residence permit issued to a national of European
Economic Area (EEA) country (Austria, Belgium, Denmark, Finland,
France, Germany, Greece, Iceland, Ireland, Itlay, Liechtenstein,
Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, UK) or
Switzerland.
- Passport or other document issued by the Home Office which has
an endorsement stating that the holder has a current right of
residence in the UK as the family member of a national from a EEA
country or Switzerland.
- Passport or other travel document endorsed to show that the
holder can stay indefinitely in the UK, or has no time limit on
their stay.
- Passport or other travel document endorsed to show that the
holder can stay in the UK, and that this endorsement allows the
holder to do the type of work we are offering if they do not have a
work permit.
- Application Registration Card issued by the Home Office to an
asylum seeker stating that the holder is permitted to take
employment.
List 2
Combination 1:
- A document giving the person's permanent NI number and name
(P45, P60, NI card, letter from a Government agency)
AND
- Full birth certificate issued in UK, which holds the names of
the holder's parents; OR
- Birth certificate issued in the Channel Islands, the Island of
Man or Ireland; OR
- Certificate of registration or naturalisation stating that the
holder is a British citizen; OR
- A letter issued by the Home Office which indicates that the
person named in it can stay indefinitely in the UK, or has no time
limit on their stay; OR
- Immigration Status Document issued by the Home Office with an
endorsement indicating that the person named in it can stay
indefinitely in the UK, or has no time limit on their stay;
OR
- A letter issued by the Home Office which indicates that the
person named in it can stay in the UK; and this allows them to do
the type of work we are offering; OR
- Immigration Status Document issued by the Home Office with an
endorsement indicating that the person named in it can stay in the
UK; and this allows them to do the type of work we are
offering.
Combination 2:
- A work permit or other approval to take employment that has
been issued by Work Permits UK
AND
- Passport or other travel document endorsed to show that the
holder is able to stay in UK and can take the work permit
employment in question; OR
- Letter issued by the Home Office confirming that the person
named in it is able to stay in Uk and can take the work permit
employment in question.
From 1 May 2004 we no longer had
to check for the following documents:
- A Home Office Standard Acknowledgement Letter or Immigration
Service Letter (IS96W) which states that an asylum seeker can work
in UK inform applicant to call 0151 237 6375 for information about
how to apply for an Application Registration Card;
- A letter issued by the Home Office stating the holder is a
British citizen;
- A passport describing the holder as a British Dependent
Territories Citizen which states that the holder has a connection
with Gibraltar;
- A short birth certificate issued in UK which does not have
details of the holder's parents;
- A card or certificate issued by the Inland Revenue under the
Construction Industry Scheme.
The following documents have
never been accepted and should not form of our checks:
- A temporary NI Number beginning with TN, or any number which
ends with the letters E to Z inclusive;
- A driving licence issued by the Driver and vehicle Licensing
Agency;
- A bill issued by a financial institution or a utility
company.
Latest
amendments
From 29th
February 2008, the government introduced the new statutory
regime for preventing illegal working. The most publicised change
is the introduction of new document checks to establish a
statutory 'excuse' to avoid civil penalties.
This document should be
read in conjunction with the Guidance notes for
managers as it outlines which documents you should
check from List A or List B.
Please note that people
employed before 29th February 2008, are
still required to have their documents checked using the
OLD LISTS which can be found
above. The new lists are as follows:
List
A
Employee must provide the
following documents
- British Passport including those who have right of
Abode
- Passport of Nationally Card showing the holder is a National of
the European Economic Area country EEA or Switzerland
- A resident permit, registration certificate or document
certifying or indicating permanent residence issued by the Home
Office or the Border and immigration Agency (BIA) to a national of
EEA or Switzerland
- A permanent Resident Card issued by Home Office or the BIA to
a family member of a EEA Country or Switzerland
- Biometric Immigration Document issued by the BIA
Indicating that the person named is allowed to stay
indefinitely in the UK or has no time limit on their stay in the
UK
- A passport or other travel document endorsed to show the holder
is exempt from immigration control, is allowed to stay in the UK
indefinitely, has the right of abode in the UK or has no time limit
on their stay in the UK.
Combinations
You can accept the
following combinations of documents under List
A
- A official document issued by a previous employer or a
government agency e.g. HM Revenue and Customs, DWP, JobCentrePlus
or the employment service , which contains a permanent National
Insurance number and name of the person examples include national
insurance card , p60, p45
Along with checking and
copying the above documents with the permanent National Insurance
number you must check one of the following:
- Immigration status document issued by either the Home Office or
the BIA to the holder with an endorsement indicating the person
named is allowed to stay in the UK indefinitely
- A full birth certificate issued in the UK which includes the
names of at least one of the holders parents
- A full adoption certificate issued in the UK which includes the
names of the adoptive parents
- A birth certificate issued in the Channel Islands , the isle
Man or Ireland
- A 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 BIA indicating the named
individual is allowed to remain in the UK indefinitely
List
B
These documents show a
right to work for up to 12 Months, some of which must be shown in
combination where this is required this is indicated and you
MUST see both documents
- A passport or travel document endorsed to show that the holder
is allowed to stay in the UK and is allowed to do the work in
question, provided that it does not require a work permit
- A biometric immigration document issued by the BIA which
indicates that the holder can stay in the UK and is allowed to do
the work in question
- A residence card or document issued by the Home Office or BIA
to the family member of a national of the EEA or Switzerland
- A combination of a work permit or other
approval to take up employment issued by the Home Office or BIA
with a passport that is endorsed and shows that
the individual is allowed to stay in the UK and do the work in
question
- A combination of a certificate of Application issued by the
Home Office or BIA to or for a family member of a national of a EEA
country or Switzerland stating the holder is permitted to take
employment which is less than 6 month old OR An application
Registration Card issued by the home office stating the holder is
permitted to take employment.
- A combination of an official document issued by a
previous employer or a government agency e.g. HM Revenue and
Customs, DWP, JobCentrePlus or the employment service , which
contains a permanent National Insurance number and name of the
person examples include national insurance card , p60, p45 with
either Immigration Document status which endorses the individual
can stay in the UK and take up the employment in question or a
letter from the Home Office/BIA to the employee/employer confirming
that they can take up the employment in question
The following documents
have never been accepted and should not form of our checks:
- A temporary NI Number beginning with TN, or any number which
ends with the letters E to Z inclusive;
- A driving licence issued by the Driver and vehicle Licensing
Agency;
- A bill issued by a financial institution or a utility
company
More information
about this document can be found at the following link
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/