Record the date of the check.Įmployers who are reasonably satisfied that the individual has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding administrative review or appeal against a Home Office decision can get a Positive Verification Notice which confirms their right to work from the Employer Checking Service ( ) Check that these documents are valid with the individual present.Residence Cards UK, or Common Travel Area passports.Obtain the individual’s original identity documents listed in the Home Office guidance as including but not limited to :.Publication of business details by Immigration Enforcement as a deterrent to other employersĪn employer may establish a statutory excuse against civil liability by carrying out prescribed document checks before any employment begins.Liability of up to £20,000 for each illegal or overstayer migrant employed.Under section 15 of the 2006 Act, an employer may be liable for a civil penalty for employing an individual who does not have the right to undertake the work in question. What are the civil penalties for employing an illegal or overstayer migrant? Individuals working outside the permitted employment category.Individuals who work on a visitor’s visa (unless in a Paid Permitted Engagement category).Iindividuals who have made applications to the Home Office after their leave has expired.Students working more hours than permitted to.Who are illegal or overstayer migrant workers? It can also undercut legitimate businesses and have an adverse impact on the employment of people who are lawfully in the UK and on the UK economy. Illegal working often results in abusive and exploitative behaviour, the mistreatment of illegal or overstayer migrant workers, tax evasion and poor housing conditions. This is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act). ![]() UK employers must be aware of the law on preventing illegal working.
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