Tuesday, July 10, 2012

Illegal working in the United Kingdom prevented

By Shabana Shahab

The Border Agency launched updated guidance for employers on preventing 'illegal working' to help them check if someone has a right to work.

The Border Agency have provided a detailed revised guidance notes on all the documents that the employer must check t prevent illegal working, this guidance is very helpful to ensure that the correct checks are carried out.

illegal employment of workers could lead the employer to be fined up to 10,000 for each illegal worker or the employer could face years in prison.

The guidance available on this website includes the following changes:

More information relating to biometric residence permits, specifically to those that show a holder has indefinite leave to stay in the UK

Information on the various work restrictions placed on students from outside the European Economic Area (EEA)

The impact of fines when applying for a sponsor licence or on licensed sponsors

Best practice recommendations when carrying out document checks

Employing someone who is not allowed to work in the UK is illegal. As an employer, you have a duty to prevent illegal working by checking potential employees' documents, before employing them, to ensure they have the right to work in the UK.

You should:

ask for and take copies of original, acceptable documents showing that the holder is allowed to work, before you employ them; be satisfied that the documents presented are genuine and that the person presenting them is both the rightful holder and allowed to do the type of work on offer; and carry out repeat checks at least once every 12 months, if the person has a time limit on their stay and you go on to employ them.

If you do not carry out these checks and are found employing an illegal worker, we will take tough action against you. You would be fined up to 10,000 for each illegal worker, or face up to 2 years in prison.

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