UPDATED GUIDANCE ON PREVENTING ILLEGAL WORKING
6 June 2012
The UK Border Agency has launched updated guidance for employers on preventing illegal working to help them in carrying out right to work checks.
The guidance provides information on which documents are acceptable when proving a right to work and help in understanding what is expected of them in making the checks. The structure and language used in the updated guidance has also been completely revised to make it simpler and easier to read.
Employers who do not carry out these checks and are found employing workers illegally could be fined £10,000 for each illegal worker or face up to two years in prison.
The guidance encompasses the following changes:
More information relating to Biometric Residence Permits, specifically with regards to those that show a holder has indefinite leave to stay in the UK Information on the various work restrictions placed on students from outside the EEA The impact of civil penalties when applying for a sponsor licence or on licensed sponsors Best practice recommendations when carrying out document checks This guidance also sees information relating to A8 nationals moved to the guidance on employing EEA nationals, as restrictions to nationals of those countries no longer apply. It also contains more comprehensive information on employing A2 (Bulgarian and Romanian) nationals.
UK BORDER AGENCY CHANGES TO APPLICATIONS FROM OVERSTAYERS
11 July 2012
Under new Immigration Rules , from 1 October 2012 if an individual has overstayed their leave to remain in the UK by more than 28 days, any application for further leave will be refused.
This change in the Immigration Rules will affect applicants applying for further leave under:
the points-based system; all working and student routes; visiting routes; long residency routes; discharged HM Forces; or UK ancestry routes.
This change is in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.
If an individual has limited leave to remain they must ensure they apply to extend their leave, if needed, in time. If they wish to remain in the UK after the 28 day period they should leave the UK and reapply for a visa.
BIOMETRIC RESIDENCE PERMIT
20 August 2012
CIPP Policy News Journal
12/04/2013, Page 30 of 362
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