| |
Any one of the documents included below in
List 1 will provide you with the defence if
you check and copy them.
- A passport showing that the holder is a
British citizen, or has a right of abode in the UK.
- A national passport or national identity
card showing that the holder is a national of an EEA country
or Switzerland.
- A residence permit issued by the Home Office
to a national from an EEA country or Switzerland.
- 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 the family
member of a national from an EEA country or Switzerland
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 that this
endorsement 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.
Once you have checked one of these documents
from your potential employee, there is no need to ask for any
further documents contained in List 2.
The EEA includes (from 01/05/04):
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain,
Sweden and the United Kingdom.
Documents which provide the defence if produced in combination
List 2 covers combinations
of documents that must be checked and copied to provide the
defence. Once you have done this, you do not need to ask for
any further documents contained in List 1.
You will not have the defence if you see one
document from the first combination and one from the second
combination.
A A document giving the person’s permanent
National Insurance (NI) Number and name, e.g. a P45, P60, NI
number card, or a letter from a Government agency.
Plus one of the following documents:
B a full birth certificate issued in the UK,
which includes the names of the holder’s parents; OR
C a birth certificate issued in the Channel
Islands, the Isle of Man or Ireland; OR
D a certificate of registration or naturalisation
stating that the holder is a British citizen; OR
E 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
F an Immigration Status Document issued by
the Home Office to the holder 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
G a letter issued by the Home Office to the
holder which indicates that he/she can stay in the UK and
allows him/her to do the type of work being offered; OR
H 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.
The Second combination includes
a Work Permit (or equivalent) issued by Work Permits UK and
will therefore only be relevant to recruitment of field staff
in exceptional circumstances. Refer to HR for additional details
if an applicant presents such a Work Permit.
The document descriptions contained
in List 1 and List 2 do
not reflect the precise wording contained in the law. A full
legal description of the changes will be available in a Home
Office booklet.
Some documents are being removed entirely from
both List 1 and List 2 from
1st May 2004:
- a Home Office Standard Acknowledgement
Letter or Immigration Service Letter (IS96W) which states
that an asylum seeker can work in the UK. If you are presented
with these documents then you should advise the applicant
to call the Home Office on 0151 237 6375
for information about how they can apply for an Application
Registration Card;
- a letter issued by the Home Office
stating that the holder is a British citizen;
- a passport describing the holder as
a British Dependent Territories Citizen which states that
the holder has a connection with Gibraltar;
- a short birth certificate issued in
the UK which does not have details of one of the holder’s
parents;
- a card or certificate issued by the
Inland Revenue under the Construction Industry Scheme.
The following documents have
never been acceptable as proof of a person’s
right to work in the UK, and should not form
any part of checks under section 8:
- a temporary National Insurance Number
beginning with TN, or any number which
ends with the letters from E to Z inclusive;
- a driving licence issued by the Driver
and Vehicle Licensing Agency (DVLA);
- a bill issued by a financial institution
or a utility company.
|
|
