An illegal workers checklist

In order to follow Government guidelines you must ask all potential employees to provide you with original documents, either one document from List A; OR two documents in the combinations of List B, to ensure that they are legally entitled to work in the UK.

In order to follow Government guidelines you must ask all potential employees to provide you with original documents, either one document from List A; OR twodocuments in the combinations of List B, to ensure that they are legally entitled to work in the UK.

List A: documents which provide the statutory excuse if produced alone

Any one of the documents included in List 1 will provide you with the excuse if you check and copy them, and follow the steps as outlined in a step-by-step guide.

• A passport showing that the holder is a British citizen, or has a right of abode in the UK
• A document showing that the holder is a national of a EEA country. This must be a national passport or identity card
• A residence permit issued by the Home Office to a national from an EEA country
• A 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 a family member of a national from an EEA country who is resident in the UK
• A 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
• A passport or other travel document endorsed to show that the holder can stay in the UK and allows the holder to do the type of work you are offering if they do not have a work permit
• An Application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment

List B: documents which provide the excuse if produced together

List 2 covers the combinations of documents which will provide you with the excuse if you follow all of the steps. You will not have the excuse if you see one document from the first combination and one from the second combination.

First Combination

• A document giving the person’s permanent NI number and name. This could be a P45, P60; or a National Insurance card.

Along with checking and copying a document giving the person’s National Insurance Number, you must also check and copy one of the documents listed in the following seven points:

• A full birth certificate issued in the UK, which includes the names of the holder’s parents; OR
• A birth certificate issued in the Channel Islands, the Isle of Man or Ireland; OR
• A certificate of registration or naturalisation stating that the holder is a British citizen; OR
• A letter issued by the Home Office to the holder which indicates that the person named in it can stay indefinitely in the UK, or has no time limit on their stay; OR
• An 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 to the holder which indicates that the person named in it can stay in the UK, and this allows them to do the type of work you are offering; OR
• An Immigration Status Document issued by the Home Office to the holder 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 you are offering

Second Combination

• A work permit or other approval to take employment that has been issued by Work Permits UK
• Along with a document issued by the Work Permits UK, you must also check and copy one of the following documents listed below:
• A passport or other travel document endorsed to show that the holder can stay in the UK and can take the work permit employment in question; OR
• A letter issued by the Home Office to the holder confirming that the person named in it can stay in the UK and can take the work permit employment in question.