The number of illegal workers in the UK is a growing problem and employers can face unlimited fines for employing a person who has no legal right to work in the UK. It is therefore essential for employers to check and verify information provided by foreign workers to ensure their legal work status when looking for a free consultation and legal advice.
Check Original Documents
Make sure that an application has all the necessary original documents attached. The following documents are required to allow a person to work legally in the UK:
– If the applicant has a UK passport and is a British Citizen.
– A Certificate of Naturalisation as a British Citizen.
– If they are a citizen of an EU or EEA country or Switzerland, they need to provide their passport or National Identity Card to be able to work in the UK.
– A Registration Certificate to confirm Permanent Residency in the UK.
– A passport that provides for an unlimited stay in the UK or a certificate of the Right to Abode is provided.
– A Biometric Residence Permit.
– An Immigration Status Document that shows that the worker is able and allowed to do the type of work they are applying for.
– An Application Registration Card.
– An employer must be reasonably certain that an application was made to the Home Office before their prior leave had expired or have an appeal registered with the Home Office.
Check that all information on documents is correct, and current (not expired) and that there is no duplication. If in doubt, check online or contact the Employer Enquiry Helpline on 0300 123 5434.
Check Online
Employers can go online to check the status of an applicant and their legal right to work in the UK. The applicant will need to provide a Share Code in order to access their online records. It is recommended to check the online status even if original documents have been provided.
David Philip Harris is a recognised employment solicitor with over 10 years of experience in advising employees and employers on employment law matters. He is a frequent contributor to BBC Radio Berkshire and People Management Magazine. David has represented individual and corporate clients in the employment tribunal as well as the High Court and County Court. David is a member of The Law Society and The Employment Lawyers Association (ELA UK). To contact David, visit the Contact Us page. For media enquiries: info@dphlegal.com.