The UK s European university Human Resources/ Eligibility Training 2015
Page 2 An Outline of the Session : The Law Statutory excuse Our duty Accepted eligibility 3 Step Process Verification checks Non compliance Visas Example documents Key dates for eligibility checking Recent and pending Changes Avoiding racial discrimination Working whilst studying Eligibility training - 2015
Members of the EEA.. Iceland, Liechtenstein and Norway are not Member States of the European Union, but do form part of the EEA. Their nationals enjoy the same free movement rights as EU nationals Page 3
The Law Immigration, Asylum and Nationality Act 2006 (known as the 2006 Act). These rules came into force on 29 February 2008 and replaced previous rules These rules are in place to: Make it harder for people with no right to work in the UK to unlawfully gain or keep employment; Make it easier for you to ensure that you only employ people who are legally allowed to work for you; and Strengthen the Government s controls on tackling illegal working by making it easier for us to take action against employers who use illegal workers. Page 4
Statutory Excuse - UKVI If you correctly carry out the document checks required of you, you will have a legal excuse (known as a statutory excuse) against payment of a civil penalty if we find you employing an illegal worker. However, if you know that you are employing a person who is not allowed to work, then you will not have an excuse against payment of a civil penalty, regardless of whether you have carried out any document checks. Page 5
Our duty under the 2006 Act Prevent illegal working by carrying out document checks to confirm if a person has the right to work in the UK. Verify that a person has the right to work when certain documents or scenarios are presented. Check and keep copies of original, acceptable documents in the presence of the holder before someone starts working. If a person has a restriction on the type of work they can do and, or, the amount of hours they can work, do not employ them in breach of these restrictions. This duty applies to anyone who commences with the University on or after 29 February 2008. Page 6
Key dates and relevant eligibility checks Checks for staff employed before January 1997 Eligibility checks not required during this time. Employers are not liable to sanctions if such individuals are found to be illegal migrant workers. Checks for staff employed from 27 January 1997 to 30 April 2004 Section 8 of the Asylum and Immigration Act 1996 came in to force on 27 January 1997. Basic checks required, i.e. NIC number Checks for staff employed from 1 May 2004 to 28 February 2008 Employer s statutory defence, more comprehensive documents required Checks for staff employed from 29 February 2008 Sections 15-26 of the Immigration, Asylum and Nationality 2006 came in to force. Current eligibility checks and employers responsibilities i.e. repeat checks etc. Page 7
Accepted Eligibility The documents that are acceptable for proving someone has the right to work in the UK are split into two lists: List A documents show that the holder is not subject to immigration control, or has no restrictions on their stay, so they have an ongoing right to work in the UK. List B documents show that the holder has been granted leave to enter or remain in the UK for a limited period of time and, or, has restrictions on their right to work. Page 8
The 3 Step Process Page 9
The 3 Step Process Page 10
The 3 Step Process Page 11
Suggested Wording I confirm that: I have had sight of the original document and the individual concerned I have checked that the date of birth and photograph in the documents correspond with the individual's appearance; and the document appears to be genuine, not tampered with and belongs to the individual. Signed: Date: Page 12
Home Office Verification Checks Three circumstances when required to contact Home Office to verify right to work: 1. Presented with a Certificate of Application (must be less than 6 months old) 2. Presented with an Application Registration Card 3. Not provided with any acceptable documents Home Office Employer Checking Service. Positive or Negative Verification Notice within 5 working days. Page 13
May 2014 Changes Changes to the document checks employers are required to undertake Applies where an initial check or a repeat check is required on or after 16 May 2014 Reduced the list of acceptable documents for right to work checks. Non-EEA nationals can only produce documents which are current. No longer able to accept an old passport which includes the endorsement along with a new current passport. List B now includes Group A and Group B Home Office Verification Checks Presented with a Certificate of Application Presented with an Application Registration Card Not provided with any acceptable documents A record of the date on which a check was made must now be retained International students are required to provide evidence of their term and vacation dates Front cover of the passport is no longer required Page 14
Pending Changes Biometric Immigration Documents (BID) to replace visas! From March 2015 migrants entering the UK for 6 months or more will not be issued with a long term visa. Issued with documentation to enter UK to collect a BID (30 day vignette). Phased in from March 2015. From July 2015, BID process will apply to all overseas nationals. Fines or visa withdrawal if BID is not collected. Implications on right to work checks Decision letter or short term visa vignette to be used as evidence of a migrants right to work? Repeat process once BID collected. Page 15
Avoiding Racial Discrimination Treat all job applicants in the same way at each stage of your recruitment process. Do not make assumptions about a person s right to work in the UK on the basis of their background, appearance or accent. Eligibility should be requested for all employees, regardless of nationality May 2014 updated Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working. Page 16
Working Whilst Studying Home Students (UK, EEA and Swiss Nationals) A maximum of 20 hours work per week is recommended during term time to allow full engagement with studies Students who have limited right to work in the UK (Tier 4) Additional Evidence Obtain evidence of a student s term and vacation dates as part of their right to work in the UK check prior to commencing employment UKVI consider acceptable evidence to be one of the following: A printout from the student s education institution s website A copy of a letter or email addressed to the student from their education institution; or A letter addressed to you as the employer from the education institution confirming term time dates for the student s course. Page 17
Working Whilst Studying Visa Conditions Often able to work part-time during their studies in the UK and full-time during their vacations. The number of hours permitted is usually stated on visa sticker or biometric document. Completing studies early Short period of time to stay in the UK after their course ends, often referred to as wrap up period May work full time during this period. If the student completes their course early the Home Office will normally vary the student s permission so that the wrap up period runs from the new course end date. If their permission to be in the UK has not been varied but the person is found working beyond the wrap up period that would apply to their new course end date they will be in breach of their immigration conditions. Page 18
Visas Family Visa Categories Spousal Visa Fiancé Visa Dependency Visa Ancestry Visa Unmarried partners Visa Points Based System Tier 1 Tier 2 Tier 4 Tier 5 PBS Dependents Visa Page 19
Example Documents / Visas Page 20
Example Documents / Visas Page 21
You will not have a statutory excuse if: You cannot provide a record of having conducted the document checks before recruitment You have accepted a document which clearly does not belong to the holder You have conducted a check and it is reasonably apparent that the document is false You have accepted a document which clearly shows that the person does not have permission to work in the UK and, or carry out the type of work you are offering. Page 22
Non Compliance For each individual that the University is found to have employed illegally we could face up to a 20,000 penalty per illegal worker. We may also have our Sponsorship licence revoked which would affect the employing of migrant workers, and the ability to sponsor overseas students. Individuals who knowingly allow someone to work illegally could be subject to up to 2 years imprisonment. The failure to ensure that checks are conducted on a consistent basis may give rise to complaints of discrimination from employees, potential employees, students and visitors. Page 23
Further Information HR Immigration Adviser Emma Milton E.L.Milton@kent.ac.uk HR Operational Services Hropsteam@kent.ac.uk Staff Immigration Website http://www.kent.ac.uk/human-resources/immigration/index.html Home Office guide for preventing illegal working https://www.gov.uk/government/collections/employers-illegal-workingpenalties Page 24
Questions from you? Page 25
THE UK S EUROPEAN UNIVERSITY www.kent.ac.uk