Employee immigrants: required documents |
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| Introduction |
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| In the year 2006 – 2007, more than 7,000 immigrants were issued with National Insurance Numbers in the UK. This figure is double that of four years ago. |
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| Where to start |
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| On 1 May 2004, the Government introduced changes to the types of documents that employers need to check to avoid employing illegal migrant workers. |
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| These changes aim to: |
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- Make it easier for employers to ensure that they only employ people who are permitted to work;
- Make it more difficult for those without permission to work to use false or forged documents;
- Make it easier to penalise employers who deliberately employ illegal migrant workers.
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| Your applicant must show you documents that prove their entitlement to work in the UK. |
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| The following documentation is valid: |
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- A passport showing that the holder is a British citizen;
- A passport showing that the holder has a right of abode in the UK;
- A national passport or national identity card showing that the holder is a national of a European Economic Area (EEA) country or Switzerland;
- A residence permit issued to a national from a European Economic Area (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 United Kingdom as the family member of a national from a European Economic Area (EEA) country or Switzerland who is resident in the United Kingdom;
- A passport or other travel document endorsed to show that the holder is exempt from immigration control, can stay indefinitely in the United Kingdom, or has no time limit on their stay;
- A passport or other travel document endorsed to show that the holder can stay in the United Kingdom - and that this endorsement allows the holder to do the type of work you are offering provided it does not require a work permit;
- An Application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take up employment.
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| What to look for on the documents |
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| Once the applicant has provided the necessary documents, you must check their authenticity the documents must be originals - photocopies, printouts or other copies are not acceptable. Here’s how to check: |
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- Photographs: check that the person looks like they do on their photo;
- Dates of birth: are the dates consistent with the appearance of the candidate?
- Expiry dates: if the documents have an expiry date - are they still valid?
- Stamps and endorsements: do the passport stamps allow your job applicant to do the type of work you are offering?
- Names: check that the name is the same on all documents.
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| When you have checked and are satisfied that they are genuine, you will need to save copies. You could either photocopy the documents or scan them into your computer. |
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| You must then store the copies securely. Photocopies of documents should be securely stored with your personnel records. Scans of documents should be securely stored on secure media, such as a CD-R. Storage media should ensure that the information cannot be altered, deleted or overwritten. |
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| Worker Registration Scheme |
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| You must also check whether your candidate needs to register with the Worker Registration Scheme. This is likely if they are from one of the following countries: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, and possible if they are from another country not listed here. |
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| The applicant can register at the Home Office. Registration must take place as they begin working, and within one month of starting work for you at the latest. It is not your responsibility to ensure they do register, but in order to allow them to register, you will need to provide them with evidence of their employment (a contract or letter). If registration is successful, the Home Office will send you documents to confirm registration. |
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| Application forms can be obtained by calling 08705 210224 or by downloading from http://www.workingintheuk.gov.uk/ |
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| Before notice of successful registration |
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| It is possible that before the application is confirmed, the employee is noticed by the Hme Office as being unregistered. This may cause you problems. To provide yourself with a defence, copy the completed application form before your worker sends it to the Home Office and within one month of them starting work for you. |
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| Keep a copy of this application form until you receive official notification from the Home Office about the outcome of your worker’s application, The registration certificate expires on the date that your worker stops working for you. |
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| Exemptions from the scheme |
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| If your A8 worker informs you that they are exempt from registering under the Worker Registration Scheme, you will still need to ask them for documentary evidence of their exemption within one month. In this way, you can satisfy yourself that they are exempt from the scheme, and establish a statutory defence from conviction for employing an unregistered A8 worker. The documents you should ask them to produce are explained below, under ‘Exemptions from the Worker Registration Scheme’. |
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| If the Home Office sends you notice of its refusal to register your worker, you should immediately stop employing that person. |
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| By following these guidelines, you will have established a Statutory Defence against prosecution for employing an illegal migrant worker. |
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| Click to Buy : Employment Contract Template |
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| You can find links to employment documents here: Contract of Employment |
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