Overseas workers have long been used by employers in the UK and are a vital source of labour in many industries. As an employer it is your responsibility to check that anyone you employ is eligible to work here in the UK, if you don’t it is a criminal offence. The Immigration Act of 2016 means that you cannot simply plead ignorance to unwittingly employing someone who is an illegal worker. You will need to show that you have done all that you could to prevent someone working illegally.
External advice
If you are uncertain that you are legally compliant there is a lot of guidance from the government to help you. If an employee requires any assistance you could direct them to the Citizens Advice and/or an immigration adviser.
Advice from the government
The government have provided an Employers right to work checklist on the ACAS website, which is a list for employers to check if their staff have the right to work in the UK.
To ensure that you are carrying out the right checks, someone from HR or equivalent position, needs to see an original passport from every potential employee before they are hired.
Every employment contract should include that: employment is subject to the employee being allowed to live and work in the UK.
The Home Office advises that you may need to check an employee’s or a potential employee’s immigration status if:
- they can’t show you their documents, e.g. they have an outstanding appeal
or application with the Home Office
- they have an Application Registration Card
- they have a Certificate of Application.
You can use a service via their website to check if someone can work legally in the UK and use the employer checking service. Please be aware that if you use the employer checking service you will need to get the employee or potential employee’s permission first. You will also need to provide certain information about them, for example, their full name, date of birth and home address. Visit the website for further details.
You can visit the government website for information on the penalties for employing illegal workers.
External advice for an employee
Citizens Advice can give free confidential help on visa applications and other matters related to immigration.
Employees can also get immigration advice from a registered immigration adviser if they need help with getting permission to stay in the UK. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers and makes sure they meet certain standards. OISC maintains a register of the immigration advisers that they regulate.
All employers should review and amend their employment practices to ensure that all existing and potential employees are eligible to work in the UK. You must be proactive and should never leave it to chance if you want to avoid a penalty.