29 February 2008
Important information: please read carefully
Changes to the immigration system
All UK employers must make basic document checks on each person they wish to employ to establish that the person has a right to work in the UK. From 29 February 2008 the Government is introducing changes to the system and we would like to take this opportunity to draw your attention to these.
For individuals recruited up to 28 February 2008 the existing rules apply, with the checking and copying of documents from Lists 1 or 2. From 29 February onwards the existing rules will be cancelled and replaced by the regulations laid under the Asylum and Immigration Act 2006.
Employers now face a different framework of checks and penalties if these are not carried out. Previously document checks provided employers with a Section 8 defense. From 29 February carrying out the prescribed checks on all prospective employees will provide a “statutory excuse” if the documents later turn out to be fraudulent or the worker is proven not to have the right to work in the UK.
From 29 February, List 1 and 2 become List A and B. If the person you wish to employ produces a document(s) from List A the “statutory excuse” is provided for the whole of their employment with you. A document(s) from List B indicates that the individual only has limited leave to remain in the UK and therefore you must repeat the document check at least every 12 months to ensure the employee can now produce documents from List A.
Where they cannot produce documents from List A do not assume that you must automatically dismiss them on the basis that they are an illegal worker. You will need to establish if they are in the process of receiving documents from List A and use that information to inform your decision on the right course of action.
If you knowingly employ someone without the right to work in the UK you are committing an offence that carries a new penalty of up to two years in prison and/or an unlimited fine. Failing to establish the statutory excuse by not carrying out the checks also carries a punitive penalty of up to £10,000 per illegal worker.
Please note that this information is for guidance purposes only. For more information, please contact the Home Office.