Under Section 8 of the Asylum and Immigration Act 1996, all employers in the United Kingdom are required to make basic document checks to help prevent anyone from working illegally. By carring out checks, employers will be able to establish a defence for themselves if any of their employees are found to be working illegally at a later date.
There are currently two services available to help:
1. An on-line interactive guide
The Employing Migrant Workers website will take you through the decision making process to see if the migrant worker can prove they have the right to work in the UK.
2. An Employer Helpline - 0845 010 6677
This Helpline can provide general advice and guidance about employing migrant workers and the types of documents that you should ask for. The Helpline also offers an Employer Checking Service which allows youto check if the migrant worker has an outstanding application or appeal with the Border and Immigration Agency (BIA) and as a result cannot provide you with the documents you require. The service can also validate Application Registration Cards (ARC). At present the Checking Service allows employers to check against the following:
- Exceptional Leave to Remain (ELR) to Indefinite Leave to Remain (ILR)
- Non EEA dependants and spouses
- Discretionary leave
- Humanitarian protection
- A2 Nationals (Bulgarians and Romanians)
- Validation of Application Registration Cards (ARC)
Further details on the Employer Checking Service can be found on the Border and Immigration Agency website. The link is through Business Link - then click on the section called Employing People, and then Employing different types of worker.
The Border and Immigration Agency is part of the Home Office and has information about employing migrant workers on its website. Click here to link to the information.