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Employing foreign nationals

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Is it an offence to employ a foreign national who is subject to immigration control?

Does the Immigration, Asylum and Nationality Act 2006 apply to the employment of all non-UK citizens?

No. The Immigration, Asylum and Nationality Act 2006 does not apply to the employment of Commonwealth citizens with the right of abode in the UK and citizens of any country in the European Economic Area (other than Bulgaria and Romania). However, in order to avoid race discrimination employers should avoid making assumptions about job applicants' nationality or right to work in the UK. As a matter of course they should require all job applicants, including UK and EEA citizens, to provide documentary evidence of their right to work in the UK.

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Is it lawful to ask a job applicant if he or she requires permission to work in the UK?

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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