Is it an offence to employ a foreign national who is subject to immigration control?
Is it lawful to ask a job applicant if he or she requires permission to work in the UK?
Does the Immigration, Asylum and Nationality Act 2006 apply to the employment of all non-UK citizens?
Yes, an employer can ask a job applicant if he or she requires permission to work in the UK, as long as all job applicants, regardless of colour, race, nationality, or ethnic or national origins, are asked the same question. Asking the question only to certain applicants based, for example, on their accent or skin colour could amount to unlawful race discrimination.
All employers are subject to a legal requirement under the Immigration, Asylum and Nationality Act 2006 to check that anyone to whom they offer employment has the right to work in the UK. The Government has published guidance to assist employers with how best to do this while avoiding unlawful discrimination (Code of practice: guidance for employers on the avoidance of unlawful discrimination in employment practice while seeking to prevent illegal working (PDF format, 183K) on the UK Border Agency website).
One way for employers to deal with this issue is to state in all letters inviting job applicants to interview that they will require documentary evidence of the applicant’s right to work in the UK. It is advisable for employers to inform all applicants that it is the organisation's policy to require all applicants to comply with this request. At the interview itself, the employer should request sight of, and make copies of, the relevant documents.
What steps must an employer take to ensure that a foreign national has the right to work in the UK?
Is it the responsibility of the employer to require existing employees to produce documentation relating to their immigration status?
When taking steps to guard against illegal working does an employer risk being accused of race discrimination?
Is a transferee able to rely on assurances from the transferor that it carried out the necessary checks on the transferred employees' immigration status, or must it carry out its own checks?
How can employers reconcile the requirements of the Immigration, Asylum and Nationality Act 2006 with the provisions on race in the Equality Act 2010?
Can an employer refuse to employ a foreign national because of the effort involved in ensuring that he or she has a right to work in the UK?
Is it permissible to employ an asylum seeker?
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