Guidance on the immigration, asylum and immigration act

Transcription

1 Human Resources Guidance on the immigration, asylum and immigration act Contents 1. Introduction Summary of changes Countries which are part of the EEA New appointments... 2 Step Step Step Annual document checks Avoiding racial discrimination when preventing Illegal working Workers Registration Scheme Nationals from Bulgaria and Romania... 4 Appendix A... 5 Countries which are part of the EEA... 5 Appendix B... 6 Immigration, Asylum and Nationality Act 2006: list of acceptable documents Introduction 1.1. Under the Immigration, Asylum and Nationality Act 2006, all employers have a responsibility to prevent illegal working in the UK. Under sections of the Act employers are required to make document checks on every person they intend to employ. It is a criminal offence to employ someone who has no right to work in the UK. The Act gives a statutory defence against prosecution to employers where they can show they have checked and copied certain original documents.employers are also obliged to ensure that recruitment practices do not discriminate against individuals on racial grounds In order to tackle problems of illegal migrant working, the Government is introducing some changes which will come into force on 29 February These changes have been made for three key reasons: To make it more difficult for people who overstay their permission to be in the UK, or their entitlement to work, or to remain in employment in breach of the UK s immigration laws. 1

2 To make it easier for employers to ensure that they employ people who are legally permitted to work for them. To strengthen the Government s controls on tackling illegal working by making it easier for the Border and Immigration Agency to take appropriate action against employers who use illegal labour. 2. Summary of changes With effect from 29 February 2008, there are three main changes that Faculties/Schools/Services need to be aware of when appointing new members of staff: A system of civil penalties for employers who employ illegal migrant workers. It is proposed that the maximum civil penalty per illegal worker will increase from 5,000 to 10,000. A new criminal offence for employers who knowingly employ illegal migrant workers. This offence will carry a maximum two year prison sentence and/or limited fine. A continuing responsibility for employers to check on an annual basis the on-going right to work in the UK of migrant workers who have limited leave to remain. 3. Countries which are part of the EEA Nationals from the EEA can enter and work in the UK without any restrictions. However, the University must not employ any individual on the basis of his or her claim to be a national from an EEA country. Always ask for documentation showing the right to work in the UK as shown in List A or List B of Appendix A. A list of countries which are part of the EEA can be found in Appendix A. 4. New appointments 4.1. Guidance on checking documentation To comply with the changes, Faculties/Schools/Services/Institutes must ensure the following steps are taken before the person starts working.these checks should ideally be made at interview stage, but in all cases, checks must be carried out before individuals begin their employment or, at the very latest on the day that they take up their appointment. Example letters inviting candidates for interview, including reference to the Immigration, Asylum and Nationality Act 2006 is available at _and_inviting_candidates/2 Step1 Ask the potential employee, to provide: One of the original documents, or a combination of original documents specified in List A as shown in Appendix B. If the individual is not subject to immigration control, or has no restrictions on their stay in the UK, they should be able to produce a document, or specified combination of documents, from List A. One of the original documents, or a combination of original documents specified in List B as shown in Appendix B. Where the leave to enter or remain in the UK granted to an individual is time-limited, the document or documents provided will be specified in List B. 2

3 Step 2 The Faculty/School/Service/Institute must be satisfied that the potential employee is the rightful holder of the documents presented and the documents allow them to do the work that is offered. To ensure this all documents submitted should be originals, and the following checks made: Step 3 Photographs contained in documents are consistent with the appearance of the potential employee. Dates of birth listed are consistent with the appearance of the potential employee. Expiry dates of any limited leave to enter or remain in the UK have not passed. UK Government stamps or endorsements allow the employee to do the type of work offered; Satisfy themselves that the documents are genuine and have not been tampered with and belong to the holder. If two documents are presented which have different names, ask for a further document to explain the reason for this e.g. marriage certificate, divorce document, deed poll, adoption certificate or statutory declaration Where the documents provided are from List A Make a photocopy of the following parts of the document: - The front cover and all of the pages which give the individual s personal details. - In particular, copy any page that provides details of name, nationality, photographs, date of birth, signature, date of expiry and biometric details. copies must be signed and noted as verified copies of the original documents. photocopies should be sent to Human Resources where they will be retained Where the documents provided are from List B If the documents have not already been checked by Human Resources, the individual should be asked on their first day of employment, to take the original documents to Human Resources for verification and copying. Copies of the documents will be retained in Human Resources Where further verification on submitted documents is required, Human Resources will contact the Border and Immigration Agency for confirmation that the documents are acceptable. Where it is established that the individual is not permitted to work in the UK, the University will be unable to continue to employ the individual If a Faculty/School/Service is not sure if the individual is permitted to work in the UK, contact HR for advice. 5. Annual document checks 5.1. For new employees appointed on or after 29 February 2008 and who have provided documents listed under List B upon taking up their appointment, follow-up checks must be carried out on an annual basis for the duration of their appointment. 3

4 5.2. Process for checking documents: Human Resources will write to HR contacts one month before the anniversary of the original start date to inform them of staff in their area whose ID needs checking to confirm that individuals have the right to continue working in the UK. HR contacts should contact the individuals concerned asking them to provide the necessary original documents from either List A or List B. HR contacts should check these documents following the guidance given in section 4 above. Copies of the relevant pages should be signed and noted as verified copies of the original document(s). Signed copies should be forwarded to Human Resources. 6. Avoiding racial discrimination when preventing Illegal working If the University discriminates when applying the document checks, it may be prosecuted under the Race Relations Act. The best way to ensure there is no discrimination is to treat all job applicants the same way. Ask all potential employees for the required documentation. Do not assume the individual is British because they claim to be British or because they appear to be British. 7. Workers Registration Scheme 7.1. Under the Asylum and Immigration Act (2004) nationals from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia are required to register with the Home Office under the Workers Registration Scheme within 30 days of taking up their appointment If the University wishes to employ an individual from one of these countries, the individual should be asked to produce identity to confirm their nationality (e.g. national passport or national identity card).the individual may commence working but must register with the Home Office within 30 days of starting employment (some individuals may be exempt from registering, seek advice from HR in these circumstances). Human Resources will advise the employee of the requirement to register with the Home Office when issuing the formal offer of employment If the registration process is successful the Home Office will send the University a copy of the registration certificate, this will be retained in the employee s personal file in Human Resources.The certificate will be issued for 12 months. If the individual has registered whilst working for a previous employer, this will lapse when they join the University and they will have to renew their registration. Once the individual has worked continuously for 12 months they may apply for an EEA residence permit and will no longer need to register on the scheme The University is obliged to ensure that the employee registers within one month of starting work, if an individual fails to register or the registration is unsuccessful, the University will be unable to continue to employ them. 8. Nationals from Bulgaria and Romania If nationals from these countries want to work in the United Kingdom they will need to apply for an accession worker card, unless they are exempt, in which case it will be necessary to apply to the Home Office for a work permit. Further details can be found at 4

5 Appendix A Countries which are part of the EEA Nationals from the following countries can enter and work in the UK without any restrictions. However, the University must not employ any individual on the basis of his or her claim to be a national from an EEA country. Always ask for documentation showing the right to work in the UK as shown in List A or List B. Austria Hungary* Poland* Belgium Iceland Portugal Bulgaria~ Ireland Romania~ Cyprus Italy Slovakia* Czech Republic* Latvia* Slovenia* Denmark Liechtenstein Spain Estonia* Lithuania* Sweden Finland Luxembourg Switzerland# France Malta United Kingdom Germany Netherlands Greece Norway * Nationals from these countries are required to register with the Home Office under the Workers Registration Scheme # Although Switzerland is not a member state, nationals from Switzerland have the same employment rights as EEA nationals. ~ If nationals from these countries want to work in the United Kingdom they will need to apply for an accession worker card, unless they are exempt, in which case it will be necessary to apply to the Home Office for a work permit. Further information can be found at or from Human Resources 5

6 Appendix B Immigration, Asylum and Nationality Act 2006: list of acceptable documents List A List B A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the UK. A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the 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 to a national of an EEA country or Switzerland. A permanent residence card issued by the Home Office or the Border and Immigration Agency to the family member of a national of an EEA country or Switzerland A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it 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 that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, when produced in combination with an official document giving the person s National Insurance Number and their name issued by a Government A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of holder s parents/adoptive parents, when produced in combination with an official document giving the person s permanent National Insurance and their name issued by a Government agency or previous employer. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person s permanent National Insurance Number and their name issued by a Government A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person s permanent National Insurance Number and their name issued by a Government agency or a previous employer. A letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK when produced in combination with an official document giving the person s permanent National Insurance Number and their name issued by a Government A passport or travel document endorsed to show that the holder is allowed to stay in the UK and is allowed to do the type of work in question, provided that it does not require the issue of work permit. 6

7 A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it can stay in the UK and is allowed to do the work in question. A work permit or other approval to take employment issued by the Home Office or Border and Immigration Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the UK and is allowed to do the work in question, or a letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer confirming the same. A certificate of application issued by the Home Office or the Border and Immigration Agency to or for a family member of a national of a EEA country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service. A residence card or document issued by the Home Office or the Border and Immigration Agency to a family member of a national of an EEA country or Switzerland. An Application Registration Card issued by the Home Office or the Border and Immigration Agency stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the UK, and is allowed to do the type of work in question, when produced in combination with an official document giving the person s permanent National Insurance Number and their name issued by a Government A letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the UK and is allowed to do the work in question when produced in combination with an official document giving the person s permanent National Insurance Number and their name issued by a Government agency or a previous employer. 7