(The Minister of State for
Immigration): The Government is committed to making
it easier for lawful residents to demonstrate their right to work
in the UK, and to strengthening the support we provide to
employers when complying with the provisions in the Immigration
Asylum and Nationality Act 2006 to avoid employing illegal
workers.
In April this year, the Home Office launched a new online
checking service. This service enables UK employers to check the
current right to work, in real time, of a person who holds either
a biometric residence permit or a biometric residence card, and
to see whether they are subject to any restrictions.
The system works on the basis of the individual first viewing
their own Home Office right to work record. They may then share
this information with an employer if they wish, by providing
their employer with a ‘share code’, which can be used to access
the record. This authorisation represents an important safeguard
and means employers will only view an individual’s information
having received their consent and the share code allowing their
access.
We have worked closely with UK employers and with users of the
service in developing this new system, which has been operating
effectively to provide employers and migrants with additional
assurance where used to support right to work checks.
In order for employers to actually rely on the new online service
to discharge their legal responsibilities under illegal working
legislation, it is necessary to amend the Immigration
(Restrictions on Employment) Order 2007 to properly integrate the
service into Home Office legislation which stipulates the checks
employers should conduct to avoid a penalty for employing an
illegal worker. These checks are currently largely predicated on
a face value examination of a physical document.
Today we have laid before Parliament the ‘Immigration
(Restrictions on Employment) (Code of Practice and Miscellaneous
Amendments) Order 2018, in accordance with the 2006 Act, together
with a revised Code of practice, which provides that employers
will be able to rely on an online check from the end of January
2019, where a prospective employee has an immigration status that
is compatible with the online checking service (holders of
biometric residence permits or cards, and those with online
immigration status).
From the end of January 2019, employers will be able to request
either the online check or the existing document-based check;
online checks will therefore be a voluntary option whilst
migrants and employers develop familiarity with the new service
and take up becomes more prevalent.
The online checking service has also been developed to enable EU
migrants granted leave to remain under the EU Settlement Scheme
to view their status and to share it with employers and other
service providers where appropriate. Current arrangements, under
which EU citizens can demonstrate their right to work in the UK
by producing their national passport or identity card, will
continue after the UK leaves the European Union and for the
entire duration of any implementation period. However, with the
latest development, EU nationals may alternatively choose to rely
on online status issued following a successful application to the
EU Settlement Scheme, by using the online service to share their
right to work with their employer. Further detail on the future
immigration system will be set out in a White Paper shortly.
The Immigration (Restrictions on Employment) (Code of Practice
and Miscellaneous Amendments) Order 2018 also seeks to amend the
list of documents which demonstrate a right to work, to remove
the requirement that a British birth or adoption certificate must
be the full certificate for these purposes. The intention is to
make it easier for British citizens who do not hold a passport to
demonstrate their right to work, using a short birth or adoption
certificate with a National Insurance number.
In addition to the Order, we have also laid the ‘Licensing Act
2003 (Personal and Premises Licences) (Forms) (Amendment)
Regulations 2018’. The regulations make consequential amendments
to prescribed licence application forms to reflect changes to the
Order.
Successive UK Governments have introduced measures to tackle
illegal working which represents the principal pull factor for
illegal immigration to the UK, and the 2018 Order underscores our
commitment to improve the necessary system of checks for
employers and workers alike. I would be happy to arrange a
demonstration of the new online service for hon Members.
