human resources/ eligibility training - university of kent · immigration, asylum and nationality...
TRANSCRIPT
The UK’s European university
Human Resources/ Eligibility Training
2015
An Outline of the Session :
• The Law
• Statutory excuse
• Our duty
• Key dates for eligibility checking
• Accepted eligibility
• 3 Step Process
• Verification checks
• Recent and pending Changes
• Avoiding racial discrimination
• Working whilst studying
• Non compliance
• Visas
• Example documents
Eligibility training - 2015 Page 2
Members of the EEA……..
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Iceland, Liechtenstein and Norway are not Member States of the European Union,
but do form part of the EEA. Their nationals enjoy the same free movement rights as
EU nationals
The Law
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• Immigration, Asylum and Nationality Act 2006 (known as the 2006
Act). These rules came into force on 29 February 2008 and
replaced previous rules
• These rules are in place to:
• Make it harder for people with no right to work in the UK to
unlawfully gain or keep employment;
• Make it easier for you to ensure that you only employ people
who are legally allowed to work for you; and
• Strengthen the Government’s controls on tackling illegal
working by making it easier for us to take action against
employers who use illegal workers.
Statutory Excuse - UKVI
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• If you correctly carry out the document checks required of you,
you will have a legal excuse (known as a statutory excuse)
against payment of a civil penalty if we find you employing an
illegal worker.
• However, if you know that you are employing a person who is
not allowed to work, then you will not have an excuse against
payment of a civil penalty, regardless of whether you have
carried out any document checks.
Our duty under the 2006 Act
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• Prevent illegal working by carrying out document checks to confirm
if a person has the right to work in the UK.
• Verify that a person has the right to work when certain documents
or scenarios are presented.
• Check and keep copies of original, acceptable documents in the
presence of the holder before someone starts working.
• If a person has a restriction on the type of work they can do and, or,
the amount of hours they can work, do not employ them in breach
of these restrictions.
This duty applies to anyone who commences with the University
on or after 29 February 2008.
Key dates and relevant eligibility checks
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• Checks for staff employed before January 1997
Eligibility checks not required during this time. Employers are not liable to
sanctions if such individuals are found to be illegal migrant workers.
• Checks for staff employed from 27 January 1997 to 30 April 2004
Section 8 of the Asylum and Immigration Act 1996 came in to force on 27
January 1997.
Basic checks required, i.e. NIC number
• Checks for staff employed from 1 May 2004 to 28 February 2008
Employer’s statutory defence, more comprehensive documents required
• Checks for staff employed from 29 February 2008
Sections 15-26 of the Immigration, Asylum and Nationality 2006 came in
to force.
Current eligibility checks and employers responsibilities i.e. repeat checks
etc.
Accepted Eligibility
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The documents that are acceptable for proving someone has the
right to work in the UK are split into two lists:
• List A documents show that the holder is not subject to
immigration control, or has no restrictions on their stay, so they
have an ongoing right to work in the UK.
• List B documents show that the holder has been granted leave
to enter or remain in the UK for a limited period of time and, or,
has restrictions on their right to work.
The 3 Step Process
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The 3 Step Process
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The 3 Step Process
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Suggested Wording
I confirm that:
I have had sight of the original document and the individual concerned
I have checked that the date of birth and photograph in the documents correspond with the individual's
appearance; and
the document appears to be genuine, not tampered with and belongs to the individual.
Signed: Date:
Home Office Verification Checks
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• Three circumstances when required to contact Home
Office to verify right to work:
1. Presented with a Certificate of Application (must be less
than 6 months old)
2. Presented with an Application Registration Card
3. Not provided with any acceptable documents
• Home Office Employer Checking Service.
• Positive or Negative Verification Notice within 5 working
days.
May 2014 Changes
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• Changes to the document checks employers are required to undertake
• Applies where an initial check or a repeat check is required on or after 16 May
2014
• Reduced the list of acceptable documents for right to work checks.
• Non-EEA nationals can only produce documents which are current. No
longer able to accept an old passport which includes the endorsement
along with a new current passport.
• List B now includes Group A and Group B
• Home Office Verification Checks
• Presented with a Certificate of Application
• Presented with an Application Registration Card
• Not provided with any acceptable documents
• A record of the date on which a check was made must now be retained
• International students are required to provide evidence of their term and
vacation dates
• Front cover of the passport is no longer required
Pending Changes
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• Biometric Immigration Documents (BID) to replace visas!
• From March 2015 migrants entering the UK for 6 months or more will
not be issued with a long term visa.
• Issued with documentation to enter UK to collect a BID (30 day
vignette).
• Phased in from March 2015.
• From July 2015, BID process will apply to all overseas nationals.
• Fines or visa withdrawal if BID is not collected.
• Implications on right to work checks
• Decision letter or short term visa vignette to be used as evidence of a
migrants right to work?
• Repeat process once BID collected.
Avoiding Racial Discrimination
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• Treat all job applicants in the same way at each stage of your
recruitment process.
• Do not make assumptions about a person’s right to work in the UK
on the basis of their background, appearance or accent.
• Eligibility should be requested for all employees, regardless of
nationality
• May 2014 updated Code of practice for employers: Avoiding
unlawful discrimination while preventing illegal working.
Working Whilst Studying
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Home Students (UK, EEA and Swiss Nationals)
• A maximum of 20 hours work per week is recommended during term time
to allow full engagement with studies
Students who have limited right to work in the UK (Tier 4)
Additional Evidence
• Obtain evidence of a student’s term and vacation dates as part of their
right to work in the UK check prior to commencing employment
• UKVI consider acceptable evidence to be one of the following:
• A printout from the student’s education institution’s website
• A copy of a letter or email addressed to the student from their
education institution; or
• A letter addressed to you as the employer from the education
institution confirming term time dates for the student’s course.
Working Whilst Studying
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Visa Conditions
• Often able to work part-time during their studies in the UK and full-time during
their vacations.
• The number of hours permitted is usually stated on visa sticker or biometric
document.
Completing studies early
• Short period of time to stay in the UK after their course ends, often referred to
as ‘wrap up period’
• May work full time during this period.
• If the student completes their course early the Home Office will normally vary
the student’s permission so that the ‘wrap up period’ runs from the new
course end date.
• If their permission to be in the UK has not been varied but the person is found
working beyond the wrap up period that would apply to their new course end
date they will be in breach of their immigration conditions.
Visas
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Family Visa Categories
• Spousal Visa
• Fiancé Visa
• Dependency Visa
• Unmarried partners Visa
• Ancestry Visa
Points Based System
• Tier 1
• Tier 2
• Tier 4
• Tier 5
• PBS Dependents Visa
Example Documents / Visas
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Example Documents / Visas
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You will not have a statutory excuse if:
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• You cannot provide a record of having conducted the document
checks before recruitment
• You have accepted a document which clearly does not belong to
the holder
• You have conducted a check and it is reasonably apparent that the
document is false
• You have accepted a document which clearly shows that the
person does not have permission to work in the UK and, or carry
out the type of work you are offering.
Non Compliance
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• For each individual that the University is found to have employed
illegally we could face up to a £20,000 penalty per illegal worker.
• We may also have our Sponsorship licence revoked which would
affect the employing of migrant workers, and the ability to sponsor
overseas students.
• Individuals who knowingly allow someone to work illegally could be
subject to up to 2 years imprisonment.
• The failure to ensure that checks are conducted on a consistent
basis may give rise to complaints of discrimination from employees,
potential employees, students and visitors.
Further Information
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HR Immigration Adviser
Emma Milton
HR Operational Services
Staff Immigration Website
http://www.kent.ac.uk/human-resources/immigration/index.html
Home Office guide for preventing illegal working
https://www.gov.uk/government/collections/employers-illegal-working-
penalties
Questions from you ?
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THE UK’S EUROPEAN UNIVERSITY
www.kent.ac.uk