Updating author: [Article:151224 "Annabel Mace"]
Updating author: Annabel Mace
On this page: Summary Future developments Practical example Key
references Individuals
who can be employed in the UK without special permission The
provisions of the Immigration, Asylum and Nationality Act 2006 EEA nationals List of specified documents Employees
who commenced employment prior to 29 February 2008 Asylum seekers and refugees Avoiding race discrimination Reconciling
the need to check applicants' right to work in the UK against the duty not to
discriminate Routes to legal
work in the UK for overseas nationals Points-based system High-value migrants - tier 1 Skilled workers - tier 2 Sponsorship licences and
certificates Recruitment search Shortage occupations Checking qualifications Recruiting via agencies Sectors Based Scheme Temporary workers - tier 5 Youth mobility scheme - tier 5 Post-study workers - graduates
(closed) Overseas students
Summary
- It is a criminal offence to take on an employee who is subject to
immigration control and who has not been granted leave to enter or remain in
the UK, or does not have permission to work in the UK. (See The
provisions of the Immigration, Asylum and Nationality Act 2006)
- To comply with the provisions of the Immigration, Asylum and Nationality
Act 2006, employers should (prior to allowing a job applicant to start work)
require the person to produce documentary evidence indicating that he or she
has the right to work in the UK, and keep copies of the documents. (See
The
provisions of the Immigration, Asylum and Nationality Act 2006)
- If an employer knowingly employs someone who does not have permission to
work in the UK, it could be prosecuted. (See The
provisions of the Immigration, Asylum and Nationality Act 2006)
- Under the Immigration, Asylum and Nationality Act 2006 employers have a
duty to conduct ongoing checks on employees whose employment began on or after
29 February 2008 where, at the time of recruitment, the employees in question
have been granted only limited leave to remain and work in the UK. (See
The
provisions of the Immigration, Asylum and Nationality Act 2006)
- Citizens of any country in the European Economic Area (EEA) (apart from
Romania and Bulgaria) and of Switzerland are entitled to work in the UK
without special permission. (See EEA
nationals)
- Either one document, or two documents in a defined combination, from one
of two lists are acceptable as proof of an individual's right to work in the
UK. (See List of specified
documents)
- Asylum seekers do not normally have the right to work in the UK. (See
Asylum seekers and refugees)
- Employers must reconcile the requirement under the Immigration, Asylum and
Nationality Act 2006 to check that anyone offered employment has the right to
work in the UK, with the provisions on race in the Equality Act 2010 (which
repealed and replaced the Race Relations Act 1976 from 1 October 2010), which
make it unlawful to treat a job applicant less favourably on grounds of his or
her nationality. (See Reconciling
the need to check applicants' right to work in the UK against the duty not to
discriminate)
- There is a merit-based five-tier points system for non-EEA nationals
wishing to work in the UK. (See Points-based system)
- Under tier 1 of the points-based system, exceptionally talented and highly
skilled individuals can gain permission to work in the UK without first having
a specific job offer or sponsor. (See High-value migrants - tier 1)
- Under tier 2 of the points-based system an employer can obtain permission
to employ skilled workers who are non-EEA nationals provided that potential
recruits score a sufficient number of points. The employer may have to
satisfy the resident labour market test. (See Skilled workers – tier 2 and Recruitment search)
- Employers employing non-EEA nationals must obtain a sponsorship licence to
be able to sponsor migrants. (See Sponsorship licences and
certificates)
- A temporary workers scheme has been introduced under tier 5 of the
points-based immigration system. (See Temporary workers - tier 5)
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Future developments
Temporary and permanent migration: Between 6 April 2016 and
5 April 2018, tier 2 migrants applying to settle in the UK and who entered tier
2 under the rules in force from 6 April 2011, will be required to meet a minimum
salary threshold of £35,000. |
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