Under the Asylum and Immigration Act 2006 the University is subject to civil penalty of up to £10,000 (per illegal worker), if it fails to check that an employee is entitled to work in the UK. To establish a statutory “excuse” and avoid liability to a civil penalty, the checking process should follow these steps:
Step 1
The prospective employee must provide documents (or combinations) specified in List A or List B (below) before their employment commences.
Step 2
Check the validity of the document and satisfy yourself that your prospective, or existing employee, is the person named in the documents they present to you. Specifically:- check any photographs, where available, contained in the documentation are consistent with the appearance of the employee
- check the dates of birth listed, where available, to ensure that these are consistent across documents;
- check that the expiry dates of any limited leave to enter or remain in the UK have not passed;
- check any UK Government endorsements (stamps, visas, etc.) to see if your prospective or current employee is able to do the type of work you are offering;
- satisfy yourself that the documents are genuine and have not been tampered with and belong to the holder;
Step 3
Make a copy of the relevant page or pages of the document.
In the case of a passport or other travel document, a copy should be taken of the document’s front cover and any page containing the holder’s personal details. In particular, you should copy any page that provides details of nationality, his or her photograph, date of birth, signature, date of expiry or biometric details; and any page containing UK Government endorsements, noting the date of expiry and any relevant UK immigration endorsement which allows your prospective or current employee to do the type of work you are offering.
Other documents should be copied in their entirety.
Copies of the documents should be kept securely for the duration of the individual’s employment.
NOTE: Checks on substantive appointments will continue to be undertaken by HR. Departments will continue to undertake checks on sessional appointments
David Owen Issued: March 2008
LIST A
Documents which provide an ongoing excuse (If the person provides a document, or documents, from List A, this will establish an excuse for the duration of their employment)
1. A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.
2. A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.
3. A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the Border and Immigration Agency to a national of a European Economic Area country or Switzerland.
4. A permanent residence card issued by the Home Office or the Border and Immigration Agency to the family member of a national of a European Economic Area country or Switzerland.
5. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, or has no time limit on their stay in the United Kingdom.
6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.
7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
8. A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
9. A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
10. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
11. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
12. A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
13. A letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
LIST B
Documents which provide an excuse for up to 12 months (A document or documents from List B that indicate that they only have limited leave to be in the UK, then the checks should be repeated on that employee at least once every twelve months, until they provide specified document, or documents, indicating that they can remain permanently in the UK from List A, or they leave your employment.)
1. A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question, provided that it does not require the issue of a work permit.
2. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.
3. A work permit or other approval to take employment issued by the Home Office or the Border and Immigration Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question, or a letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer confirming the same.
4. A certificate of application issued by the Home Office or the Border and Immigration Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service.
5. A residence card or document issued by the Home Office or the Border and Immigration Agency to a family member of a national of a European Economic Area country or Switzerland.
6. An Application Registration Card issued by the Home Office or the Border and Immigration Agency stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service.
7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
8. A letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.
Documents that do not provide an excuse
1. a Home Office Standard Acknowledgement Letter or Immigration Service Letter (IS96W) which states that an asylum seeker can work in the UK. If you are presented with these documents then you should advise the applicant to call the Border and Immigration Agency on 0151 237 6375 for information about how they can apply for an Application Registration Card;
2. a temporary National Insurance Number beginning with TN, or any number which ends with the letters from E to Z inclusive;
3. a permanent National Insurance number when presented in isolation;
4. a driving licence issued by the Driver and Vehicle Licensing Agency;
5. a bill issued by a financial institution or a utility company;
6. a passport describing the holder as a British Dependent Territories Citizen which states that the holder has a connection with Gibraltar;
7. a short (abbreviated) birth certificate issued in the UK which does not have details of at least one of the holder’s parents;
8. a licence provided by the Security Industry Authority;
9. a document check by the Criminal Records Bureau;
10. a card or certificate issued by the Inland Revenue under the Construction Industry Scheme.