Changes to the Law on Preventing Illegal Workers

All potential work seekers must be asked to provide proof of their British citizenship or their right to work in the UK.   Recognised documents are either:

One of the following original documents:

  • A British Passport or a passport showing a right of abode in the UK.
  • A national passport or national identity card from a European Economic Area (EEA) country or Switzerland.
  • A residence permit issued by the UK to a national from a 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 UK as the family member of a national from a EEA country or Switzerland.
  • A passport or other travel document endorsed to show that the holder can stay indefinitely in the UK, or has no time limit on their stay.
  • A passport or other travel document endorsed to show that the holder can stay in the UK; and that this endorsement allows the holder to do the type of work being offered, 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
    • .

OR

Two of the following original documents from either list A OR B given below:

Combination A

A document giving the person’s permanent National Insurance (NI) Number and name e.g. - P45, P60, NI card or letter from a Government agency.

Plus one of the following original documents:

  • A full birth certificate issued in the UK, which includes the names of the holder’s parents.
  • A birth certificate issued in the Channel Islands, the Isle of Man or Ireland.
  • A certificate of registration or naturalisation stating that the holder is a British citizen.
  • A letter issued by the Home Office which indicates that the person named in it can stay indefinitely in the United Kingdom, or has no time limit on their stay.
  • An Immigration Status Document issued by the Home Office with an endorsement indicating that the person named in it can stay indefinitely in the United Kingdom, or has no time limit on their stay.
  • A letter issued by the Home Office 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 employer is offering.
  • An Immigration Status Document issued by the Home Office 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 that the employer is offering.

OR

Combination B

A work permit or other approval to take employment that has been issued by Work Permits UK.

Plus one of the following original documents:

  • A passport or other travel document endorsed to show that the holder is able to stay in the UK and can take the work permit employment in question.
  • A letter issued by the Home Office confirming that the person named in it is able to stay in the United Kingdom and can take the work permit employment in question.

Employing Nationals from the European Economic Area

Nationals from the European Economic Area (EAA) countries can enter and work in the UK without any restrictions just like British citizens. The same is also the case for their immediate family members.

The following countries are part of the EAA:

Austria*, Belgium*, Denmark*, Finland*, France*, Germany*, Greece*, Iceland, Ireland*, Italy*, Liechtenstein, Luxembourg*, Netherlands*, Norway, Portugal*, Spain*, Sweden* and the United Kingdom*.

*Also a member of the European Union.

On 1st May 2004 a further ten countries joined the European Union and also became part of the EAA. These are:

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia

Nationals from the above ten countries are now free to come and work in the UK since the 1st May 2004, though with the exception of Cyprus and Malta, workers will be additionally required to register with the Home Office if they plan to work for more than one month for an employer in the UK. Once you have been working legally in the UK for 12 months without a break you will then have full rights of free movement and will no longer need to register on the Worker Registration scheme.

Once employment has been found for a worker, i.e. an offer of work from one of our clients rather than just registering with Sue Hill Recruitment, we will:

  • Advise the worker to register with the Home Office and in the case of temporary workers, provide a contract as evidence of employment for the Home Office. For permanent employment, your future employer will be the one providing the contract.

  • Request a copy of the completed application form prior to a temporary worker sending their application to the Home Office. Please note that we are legally required to retain a copy of an application form and failure to do could result in a criminal conviction for us. Again for permanent employment, your future employer will be the one requesting a copy. Application forms are available at: http://www.workingintheuk.gov.uk..

  • Retain a copy of the registration certificate which will be sent directly from the Home Office once they have successfully registered the temporary worker. Likewise for permanent employment, your future employer will receive the registration certificate.