This week, the Home Office published new guidance for employers setting out the right to work checks required to establish or retain a statutory excuse.
The most significant changes relate to:
- those who state they have a right to work as a non-EEA family member of an EEA national;
- voluntary work and being a volunteer;
- the employment of international students;
- illegal working measures introduced by the Immigration Act 2016 (closure notices and compliance orders, and immigration checks in the licensing regimes for taxis and private hire vehicles and alcohol and late night refreshment); and
- Application Registration Cards (ARC) which are now issued as biometric documents containing an expiry date.
It is vital that those who are responsible for carrying out right to checks familiarise themselves with the updated guidance to ensure that checks are being carried out correctly and in accordance with the new guidance.
Employers found to be employing a person who is not allowed to work in the UK can be fined up to £20,000 for each illegal worker. It is therefore wise to go above and beyond to ensure your workforce have the correct permission to work for you.
Clarkslegal's business immigration lawyers regularly provide comprehensive training to HR teams and know how seminars to help HR staff understand the importance of carrying out correct checks. For further information, please contact our business immigration team on 020 7539 8000.