New immigration system: a summary for HR professionals
1st April 2008
With the growth of skilled migrant workers in the UK and more and more businesses recruiting from overseas it is essential for HR to keep up to date with immigration rules and regulations in the UK. Since 29 February this year, the Home office has issued a new points-based immigration system similar to the Australian system. This has been put in place to give the government stronger immigration controls, make it more difficult for migrant workers to breach UK immigration rules and make it easier for employers to know if they are hiring illegal staff in the workplace.
Sections 15-25 of the Immigration, Asylum and Nationality Act 2006 set out the new law and replace section 8 of the 1996 Act.
- Section 15 establishes civil penalties for the employment of illegal workers and employers can be fined up to £10,000 per worker. Civil penalties are on a sliding scale and will be decided in line with the Home Office’s Code of practice in this area
- Employers will be able to establish an excuse against a civil penalty if they have checked and copied certain documents or combinations of documents before the worker in question begins employment
- List A documents show that the worker is entitled to remain in the UK without restriction and an excuse will be established as long as the relevant checks are carried out
- List B documents show that a person is entitled to stay in the UK for a limited period of time and can help provide an excuse for up to 12 months as long as the appropriate checks are carried out
- If the worker presents a document from list B then checks must be carried out at least every 12 months in order for the excuse to apply
- There will be no excuse if an employer has knowingly employed an illegal worker regardless of any checks, which may have been made
- Employers who acquire staff as a result of a TUPE transfer will be provided with a 28-day period in order to carry out appropriate checks
- Under Section 21, an employer may commit a criminal offence if he or she knowingly employs an illegal migrant
- The Race Relations Act 1976 states that it is unlawful to discriminate in employment practices on racial grounds. Employers must be careful when carrying out checks to ensure that all procedures are in line with discrimination law
For more information click here.
Did you know?JSB is running a 2-day conference, Global Workforce Mobility (24-25 July 2008) at which you will hear best practice on implementing these new rules and regulations as well as practical advice for managing a home office investigation.