on preventing illegal working
The UK Border Agency
has published new guidance to help UK employers understand the status
of asylum seekers and refugees. In addition, the Agency has announced its new
policy that an expired passport can be accepted by employers as evidence of
right to work.
Guidance
for employers on preventing illegal working – asylum seekers and refugees
has been published by the UK Border Agency to help UK employers understand the status
of asylum seekers, refugees and those with humanitarian protection. The
guidance highlights what documents employers should ask prospective employees
to produce to ensure that they have such status and that they can lawfully work
in the `UK.
For asylum seekers, the document is an Application Registration Card which
states ‘allowed to work’ or ‘employment permitted’. For refugees this will be a combination of documents from List B of the Civil
Penalties for Employers Code of Practice.
The Agency has also
reviewed its ‘workers’ checks’ policy and from 2 August 2010 it has been
decided that employers can accept indefinite leave to remain (ILR), in an
expired passport as evidence of right to work, albeit, that the same checks
must be undertaken in relation to expired passports that are currently
undertaken in relation to valid (in date) passports. Further information can be
obtained at Summary
Guidance for Employers. An amendment will be made in due course to the
Immigration (Restrictions on Employment) Order 2007.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
