Example Company Limited

Prevention of Illegal Working Procedure Introduction This procedure is to help understand and how to record the requirements needed to ensure all potential employees can work for the Company legally, and to enable the Company to provide a statutory excuse. A statutory excuse is the proof that the correct checks and documents have been established at recruitment. These must be completed before the individual starts work as an excuse can not be established after employment has started Step 1 We ask all candidates to bring the necessary information to their first interview in the invite letter. This must be applied to all applicants; to ensure the Company do not unlawfully discriminate against any individual under grounds of race, colour, nationality, ethnic or national origin. (Never make assumptions that an applicant may need to have checks made because of colour, accent, appearance etc). If they do not provide the correct documents from the Lists attached during the recruitment process, we must NOT employ them, you can not correct the excuse after employment has commenced. A prospective employee must provide: ONE of the original documents alone, or TWO of the original documents in the specified combinations in List A (app 1). These will establish an on going right to work. Any individual not subject to Immigration control measures or restrictions to be in the UK should be able to produce documents to satisfy List A.

OR

ONE of the original documents alone, or TWO of the original documents in the specified combinations given in List B (app 2). These will establish a right to work for up to 12 months only. In these cases you must complete follow up checks at least once every 12 months, to retain the excuse and you need a record to prove they have been done.

Step 2 To have the excuse, an employer is also required to check the validity of the documents, as below; Check any photographs, contained in any documents, are they consistent with the holder. Check the dates listed; so that you are satisfied they correspond with the appearance of the holder. Check that expiry dates have not passed. Satisfy yourself that the documents are genuine and have not been tampered with. If the prospective employee has documents with different names, ask for further documents to explain the changes, these could be marriage certificate, divorce decree or a deed poll document.

Step 3 As an employer we need to make a copy of the relevant page or pages of the document, in a format which can not be altered i.e. a photocopy or scan, where an electronic copy is made it must be made on a non-rewritable disk, such as CDR. For passports and travel documents, a copy should be made of the documents front cover and any pages containing the holders personal details. In particular the photograph, date of birth, signature, date of expiry etc, and any pages containing UK Government endorsements, noting the expiry date and any relevant immigration endorsement. Any other documents should be copied in their entirety. Every document you have copied should be kept securely on the employees personnel file for the duration of their employment, and a further two years after their employment has ceased. These documents are the Companys statutory excuse and could be examined by the UK borders agency if they suspect or the Company detect someone is working for the Company illegally. On every occasion that a follow up document check is undertaken you should repeat these steps within the given time period and record the dates that each subsequent check has been carried out. Additional information Never deviate from the Lists of required information as only documents listed can provide an excuse so any others are worthless. Remember it is up to the prospective employee to show that he or she is permitted to do the work we are offering. If there are no issues with their legal entitlement to do so they should be able to produce the relevant documents. You are not expected to be an expert on forged documents, if any found falsity is not reasonably apparent, then an employer can not be subject to any penalty or fine. However if you know that a person who has provided the correct documents is not permitted to work then you lose your right to an excuse and this could carry a heavier penalty and even imprisonment. Penalties/fines vary in amounts dependant on how many occasions we are found to have illegal workers but start from, 2,500 to 10,000 per worker. Also consider the additional cost of replacing the employee and re-training.

Appendix 1 List A, documents that provide an on going excuse 1. A passport showing that the holder is a British citizen. 2. A passport or national identity card showing that the holder is a national of the European Economic Area (app 3) or Switzerland. 3. A residence permit, registration certificate or document certifying or indicting permanent residence issued by the Home office, Border and Immigration Agency or UK Border Agency to a national of an EEA country or Switzerland. 4. A permanent residence card issued by the Home Office, Border and Immigration Agency or UK Border Agency to the family member of a national of a EEA country or Switzerland. 5. A Biometric Immigration document issued by the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK, or had no time limit on their stay in the UK. 6. A Passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK. 7. An Immigration Status Document issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60. 8. A full birth certificate issued in the UK which includes the name(s) of a least one of the holders parents, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60. 9. A full adoption certificate issued in the UK which includes the name(s) of a least one of the holders adoptive parents when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60. 10. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60. 11. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60.

12. A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60. 13. A letter issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60.

Appendix 2 List B, documents that provide an excuse for up to 12 months. 1. A passport or travel document endorsed to show that the holder is allowed to stay in the UK and is allowed to do the type of work in question, provided that it does not require the issue of a work permit. 2. A Biometric Immigration Document issued by the UK Border Agency to the holder which indicates that the person named in it can stay in the UK and is allowed to do the work in question. 3. A work permit or other approval to take employment issued by the Home Office, Border and Immigration Agency or UK Border Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the UK and is allowed to do the work in question, or a letter issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder or the employer or prospective employer confirming the same. 4. A certificate of application issued by the Home Office, Border and Immigration Agency or UK Border Agency to or for a family member of a national of a EEA country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old, when produced in combination with evidence of verification by the UK Border Agency Employer Checking Service. 5. A residence card or document issued by the Home Office, Border and Immigration Agency or UK Border Agency to a family member of a national of an EEA country or Switzerland. 6. An Application Registration Card issued by the Home Office, Border and Immigration Agency or UK Border Agency stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the UK Border Agency Employer Checking Service. 7. An Immigration Status Document issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder with an endorsement indicating that the person named in it can stay in the UK, and is allowed to do the type of work in question, when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60. 8. A letter issued by the Home Office, Border and Immigration Agency or UK Border Agency to the holder or the employer or prospective employer which indicates that the person named in it can stay in the UK and is allowed to do the work in question when produced in combination with an official document giving the persons permanent National Insurance number (see app 4) and their name issued by a Government agency or a previous employer e.g. P45 or P60.

Appendix 3 Countries in European Economic Area Austria France Italy Norway Belgium Germany Lichtenstein Portugal Cyprus Greece Denmark Iceland Finland Ireland Netherlands United Kingdom

Luxembourg Malta Spain Sweden

The following countries are in European Economic Area but have a requirement join the registration scheme; Czechoslovakia Republic Latvia Slovakia Estonia Lithuania Slovenia Hungary Poland

These employees can start work without registering first, but they should apply to register within 1 month of starting employment. To do this they need to provide evidence of employment, a copy of their contract is acceptable and complete an application form, you need to copy their form before they send it and keep this on their personnel file, once they are successfully registered we should receive a certificate confirming this to go on their file. The following countries are in the European Economic Area but have to apply for authorisation to work; Romania Bulgaria

You have to check authorisation to work BEFORE they begin working for you. This will be in the form of a card or certificate, which will set out any conditions of their employment, or they may have a certificate that states they have unconditional access to the UK labour market.

Appendix 4 National Insurance number information Any National Insurance number starting with the letters TN is a temporary number and does not fit the criteria needed to qualify for one of the required documents. Any National Insurance number ending in the letter E-Z inclusive is a temporary number and does not fit the criteria needed to qualify for one of the required documents