PART 1: DATES, DEFINITIONS AND OBLIGATIONS
Certain documents are not acceptable as a defence and should not form part of an employer’s proof of a person’s right to work in the UK: • a temporary National Insurance Number (NINO) - one beginning with the prefix TN or suffix with the letters E to Z inclusive, • a driving licence issued by the Driver and Vehicle Licensing agency, • a bill issued by a utility company or a financial institution. Penalties Employers found to be using illegal migrant workers will receive a notification of potential liability (NOPL) from UKBA. Evidence provided by/to the visiting immigration officer or team will be considered by the civil penalty compliance team (CPCT) who will then decide whether to issue a notification of liability (NOL) which, since April 2016, carries an unlimited penalty. COPYRIGHT © 2021 THE CHARTERED INSTITUTE OF PAYROLL PROFESSIONALS Where a notice of liability is issued imposing a civil penalty the employer must, within 28 days: • pay the civil penalty in full; or • submit a request to the CPCT to pay the civil penalty in a series of monthly instalments; or • submit an objection against the civil penalty to the CPCT; or • lodge an appeal against the service of the civil penalty to the County Court (England, Wales and Northern Ireland) or the Sheriff Court (Scotland). Non-EEA Nationals On 27th November 2008 new rules came into force for employing workers from outside the European Economic Area (EEA). The work permit system disappeared and was replaced by the points-based system of migration (PBS). Points are awarded which reflect the migrant’s ability, experience, and age and when appropriate, the level of need within the sector in which the migrant intends to work. Non-EEA nationals are required to have a Biometric Residence Permit (BRP) which indicates whether they have the right to work in the UK and for how long. Where the BRP shows a limited leave to remain, employers must diarise when this is due to expire and check that new permission has been granted or employment must be terminated. The points-based system consists of five tiers: • Tier 1 - highly skilled workers e.g. scientists and entrepreneurs who can come to the UK speculatively to look for work • Tier 2 - skilled workers with a job offer in four categories: skilled workers (general), intra- company transfers, sports people, Ministers of Religion • Tier 3 - low skilled workers filling specific labour shortages (subject to quota and currently closed) • Tier 4 - students • Tier 5 - youth mobility and temporary workers (e.g. musicians coming to play in a concert) primarily here for non-economic reasons such as cultural exchanges. The Youth Mobility Scheme replaces the Working Holidaymaker Scheme. No printing, copying or reproduction permitted. Employers who wish to recruit under tiers 2, 4 or 5 must be licensed as a sponsor and entry is subject to national annual quotas from April 2011. Sponsor licences are valid for four years from either the date of issue or the date that applications start under the relevant tier.
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