There are many rules regarding how to work in the UK, and there are many regulations in place that regulate the employment and the hiring conditions in the UK. It must be noted that any person looking to work in the UK or to gain employment in the UK will need to be eligible for either to work in the country without any documents or should be eligible to work in the country after showing the relevant documents.
If any person is found to be working in the country without the relevant documents or fails to show the documents are prescribed by the law as necessary to find employment in the country, or if the law finds an employer who hires workers without the relevant documents, will be liable to strict punishments.
The following kinds of people are eligible to work in the UK without showing any documents for immigration or other immigration-related documents required for work in the UK:
The citizens of the EEA are eligible to find work and stay in the EEA without any permission or notice. However, the citizens of Croatia are allowed to enter the UK freely but still need a work permit and other documents to work in the country.
An illegal worker is an immigrant without the permit and the right to work. Furthermore, it also means that such a worker is working without proper documentation, which makes it illegal for the person to work under any case. If a worker is found to be working illegally in the UK the person may be deported.
Furthermore, the employer will be liable to a civil penalty as per the law, and the quantum of the payment will depend on the law.
As per the UK Border Agency (UKBA), there are two lists which determine the documents that are required to be checked by the employers before they hire a person for work. List A and List B with its two groups spell out the documents required by any person to be hired in the UK. Additionally, it may so happen that when the employee satisfies the requirements of List A, the employee may be asked to show some documents from List B as well.
To find out more about the lists and the right to work in the UK refer to this link ->
www.gov.uk/government/uploads/system/uploads/attachment_data/file/378926/empl oyers_right_to_work_checklist_november_2014.pdf
When an employer is hiring a person, the employer should, in his opinion, conduct a full and thorough check of the documents that are required under the various lists published by the UK Border Agency (UKBA). It must be kept in mind that the employers are not supposed by an expert when it comes to scrutinizing forged papers. However, they are expected to check and perform at least a diligent visual check of the documents.
When the prospective worker gives you proof from List A, you have a statutory proof against the civil penalty that may have been imposed on the employer. Furthermore, the employer may now ask for the documents mentioned in the List B as published by the UK Border Agency (UKBA).
Here is what you will be required to do as an employer:
If there are any issues regarding the information or the documents provided by the employee to you, then an employer can call on 0300 123 4699, the helpline number to contact the UKBA Sponsorship and Employers.
When an employer hires an employee who is required to furnish documents as given under List B as provided by the UK Border Agency (UKBA), then it is recommended that the employer should check the validity of the documents once in every 12 months to make sure that the employee’s visa and work permit are still valid.
If the employee cannot show the employer the relevant documents for the following reasons, the employer will have to contact the Home Office for the details required for the employee’s employment:
Other than this, when an employer contacts the Home Office for details, the employer will also have to furnish some details that are mentioned below:
As per the rules prescribed in the UK, when you hire a person in the UK who is not eligible to work in the country without permission, you must take copies of the documents submitted to you by these employees. The documents should be stored electronically in a non-writeable disk. Furthermore, you need to maintain these records safely for at least two years after such an employee leaves work.
The employer has the right to retain original copies of the employee’s documents in only two conditions:
If you need assistance or some help from the Home Office, then here is the contact number and the working hours of the Home Office:
Any questions? Schedule a call with one of our experts.
Sumit Agarwal Sumit Agarwal (ACMA ACA India), the Managing partner of dns accountants is a highly respected accountant with expertise in helping owner-managed businesses.
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