It is a criminal offence to employ someone, aged 16 or over, who has no right to work in the United Kingdom, or no right to do the work the organisation is offering.
Section 8 of the Asylum and Immigration Act 1996 requires all employers in the United Kingdom to make basic document checks on every person they intend to employ. By making these checks, employers can be sure they will not break the law by employing illegal workers. This document confirms these changes with effect from 1st May 2004 for all new employees.
The potential employee will be required to produce either one document from List 1 or two documents from List 2 from either category.
The potential employee will be required to produce one of the documents listed below.
A passport showing that the holder is a British citizen, or has a right of abode in the United Kingdom.
A document showing that the holder is a national of a European Economic Area country, or Switzerland. This must be a national passport or national identity card.
A residence permit issued by the Home Office to a national from a European Economic Area 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 country or Switzerland who is resident in the United Kingdom.
A passport or other travel document endorsed to show that the holder 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 indefinitely in the United Kingdom; and that this endorsement allows the holder to do the type of work you are offering if they do not have a work permit.
An application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.
The potential employee will be required to produce two documents from either the first combination or second combination listed below.
(A) A document giving the person’s permanent National Insurance Number and name. This could be a: P45, P60, National Insurance Card, or a letter from a Government agency.
Along with checking and copying a document giving the person’s National Insurance Number, you must also check and copy only one of the following documents listed in sections B-H:
(B) A full birth certificate issued in the United Kingdom, which includes the names of the holder’s parent; OR
(C) A birth certificate issued in the Channel Islands, the Isle of Man or Ireland; OR
(D) A certificate of registration or naturalisation stating that the holder is a British citizen; OR
(E) A letter issued by the Home Office to the holder which indicates that the person named in it can stay indefinitely in the United Kingdom, or has not time limit on their stay: OR
(F) An Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay indefinitely in the United Kingdom, or has not time limit on their stay; OR
(G) A letter issued by the Home Office to the holder which indicates that the person named in it can stay in the United Kingdom, and this allows them to do the type of work the organisation is offering; OR
(H) An Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and this allows them to do the type of work the organisation is offering.
(A) A work permit or other approval to take employment that has been issued by Work Permits UK.
Along with a document issued by Work Permits UK, you should also check and copy one of the following documents listed at B-C:
(B) A passport or other travel document endorsed to show that the holder is able to stay in the United Kingdom and can take the work permit employment in question; OR
(C) A letter issued by the Home Office to the holder confirming that the person named in it is able to stay in the United Kingdom and can take the work permit employment in question.
Further guidance on the Asylum and Immigration Act 1996 is available from the Work Permits UK website.
For all enquiries please contact the Customer Service Centre
01753 475111
01753 875030
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High Street, Slough
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