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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
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? 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?
Asylum seekers do not normally have the right to work in the UK. In contrast, refugees (ie those who have received a positive decision on their asylum claim) have full employment rights in the UK.
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