New guidelines for employees of foreign workers in the UK

UKBA has updated guidance for employers on preventing illegal working

Employers in the UK are being urged to make sure that workers have the correct visas and the right to work.

The UK Border Agency has published updated guidance for employers on preventing illegal working to help them check if someone has a right to work.

The guidance has been completely revised to make it easier to read and provides information on which documents are acceptable when proving a right to work and help in understanding what is expected of them in making the checks.

Employers who do not carry out these checks and are found employing workers illegally could be fined £10,000 for each illegal worker or face up to two years in prison.

There is more information relating to biometric residence permits, specifically to those that show a holder has indefinite leave to stay in the UK.

Information on the various work restrictions placed on students from outside the European Economic Area (EEA) have been updated.

The guidelines also include information on the impact of fines when applying for a sponsor licence or on licensed sponsors and best practice recommendations when carrying out document checks.

This guidance also sees information relating to certain European nationals moved to the guidance on employing EEA nationals, as restrictions no longer apply. It also contains more detailed information on employing Romanian and Bulgarian nationals.

It recommends that employers should ask for and take copies of original, acceptable documents showing that the holder is allowed to work, before they are employed.

They should be satisfied that the documents presented are genuine and that the person presenting them is both the rightful holder and allowed to do the type of work on offer.

Employers are also urged to stay vigilant and to carry out repeat checks at least once every 12 months if the person has a time limit on their stay.