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To coincide with the expansion of the
European Union (“EU”), new rules about ensuring
that job applicants have the right to work in the UK are being
implemented with effect from 1st May 2004. These rules tighten
the existing procedure that has to be followed under section
8 of the Asylum & Immigration Act 1996 to prevent the
employment of illegal workers.
The EU currently includes the following countries: Austria,
Belgium, Denmark, Finland, France, Germany, Greece, Ireland,
Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and
the United Kingdom.
The new EU member states from May are: Cyprus, Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia
and Slovenia.
Iceland, Liechtenstein and Norway are not EU countries but
are part of the European Economic Area (EEA) and their nationals,
along with those from Switzerland, also have the right to
enter and work in the UK without restrictions.
Section 8 makes it a criminal offence to employ anyone who
does not have the right to work legally in the UK. However,
it then goes on to provide a defence provided the employer
has, before the employment begins, checked and retained copies
of certain original documents from a specified list.
The new Regulations make significant changes to the list
of documents and also detail how the employer should verify
that the documents relate to a particular individual. There
are now two “Lists” of documents
that provide workers with the proof of the right
to work in the UK.
- which are set out in the attached document.’
And can that proof of the right to work also
link direct to the lists on the proof of the right to work
page.
You will need either one document from
List 1 (which is essentially a passport or national ID
card) or two documents from List 2,
one of which must include a valid NI number. As before,
you must see the original documents and take and retain
a photocopy or scan of the documents (continue to write “original seen” and sign &
date the copies); you must copy the front cover and all pages
which give the individual’s personal details/photograph/signature
and any that contain a UK stamp or endorsement.
You must also take certain “reasonable steps”
in relation to the documents:
- If the document contains a photograph and/or
a date of birth, check it is consistent with the appearance
of the applicant;
- Check than any expiry date has not passed;
- If two documents from List 2 are provided
with different names, you must ask for further verification
as to why, e.g. a marriage, divorce or adoption certificate.
The new Regulations also make it clear
that the checks must be carried out before employment begins.
Workers Registration Scheme for those from new EU member states
Workers from any of the new EU member states have the right
to work in the UK from 1st May 2004 but nationals from eight
of them must also register with the Home
Office. The exceptions are those from Cyprus or Malta.
Applicants from any of the eight countries covered by this
scheme must still be checked for proof of right to work in
the UK in the normal way but may be employed for up to one
month while they obtain a registration certificate from the
Home Office. You should advise them that they have to register
immediately and see and retain a copy of their registration
certificate within one month of them starting. Continued employment
after one month without a registration certificate is a criminal
offence.
Further guidance on the rules is available from the Employers’
Helpline on 0845 010 6677, but this will
not deal with the specifics of an individual’s case.
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