robbryanassociates

Preventing Illegal Working

In Employment law, government, workers on January 24, 2019 at 11:41 am

Updates to procedures from January 2019

document id uk driving license driving licence

All employers have a responsibility to prevent illegal working and must therefore carry out ‘right to work checks.’ Businesses can be fined up £20,000 if they are found to have employed an illegal worker and hadn’t followed the checking procedure. Knowingly employing someone without right to work can result in a jail term and unlimited fine.

From 28th January 2019 employers will be able to use the Home Office’s online checking system to determine a prospective employee’s right to work in the UK without the need to receive documents from the individual. This applies to non-EEA nationals who hold a biometric residence permit/card or EEA nationals who have been granted immigration status under the EU Settlement Scheme. EEA nationals without settled status will still need to provide appropriate documentation.

Immigration minister Caroline Nokes called it “another step we are taking to simplify and modernise the immigration system,” and said it would make it easier than ever for migrants to view and prove their right to work in the UK.

When using the online system the employer is required to:

  • Check each applicant and only recruit, or continue to employ, if the online check confirms their right to work
  • Carry out a visual identification using the photo supplied with the online check
  • Retain the result of the check during the individual’s employment and for two years following

If an online check cannot be carried out, the Home Office Employer Checking Service should be contacted and applicants will need to supply the required documents.

Changes will also be made to the checking of UK Nationals in order to accommodate those who do not hold a passport. List A documents allow UK individuals to provide full or short-form certificates alongside an official document containing their National Insurance number.

 

Links:

https://www.gov.uk/employee-immigration-employment-status

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: