Guidance on employing foreign and illegal workers
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The Home Office has published guidance on how it decides an
employer's illegal-working fine (or civil penalty) for giving a job
to an illegal worker. Further guidance on employing foreign and
illegal workers is below. From: UK Visas and
Immigration and Immigration Enforcement...Request free trial
The Home Office has published guidance on how it decides an employer's illegal-working fine (or civil penalty) for giving a job to an illegal worker. Further guidance on employing foreign and illegal workers is below. Documents 
Code of practice on preventing illegal working: civil penalty scheme for employers PDF, 151KB, 17 pages DetailsBecause of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents. Employers must prevent illegal working in the UK by carrying out document checks on people before employing them to make sure they are allowed to work. This code of practice sets out the factors that the Home Office takes into account in deciding illegal-working fines (also known as civil penalties) for those employing people who don’t have the right to work in the UK. You can also read our quick guide to checking a job applicant’s right to work documents. Check if someone can work in the UK using our quick answer tool. If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service. Guidance - Avoiding civil penalties: statutory excuse checksheet This guidance helps employers check documents needed by potential employees to avoid fines of up to a maximum of £20,000 per illegal worker.
Published 23 May 2014
Last updated 6 April 2020 — see all updates
Documents 
Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents. The statutory excuse can be used by employers as a defence against a potential illegal working fine. This checksheet:
The illegal-working penalties collection includes all documents for employers on preventing illegal working. Guidance - Employing EU citizens in the UK Information for employers on employing EU, EEA and Swiss citizens in the UK, covering: right to work checks, the EU Settlement Scheme and the UK’s new immigration system.
Published 1 April 2019
Last updated 6 April 2020 — see all updates
Contents Checking an EU citizen job applicant’s right to work Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents. You’ll need to check a job applicant’s right to work in the same way as now until 30 June 2021. Until this date job applicants can prove their right to work in the following ways:
If an applicant uses the online checking service this will generate a share code. You must then use the employers’ online service to check their right to work using this share code. You have a duty not to discriminate against EU, EEA or Swiss citizens. You cannot require them to show you their status under the EU Settlement Scheme until after 30 June 2021. Irish citizens will continue to prove their right to work in the UK as they do now. New immigration system from 1 January 2021 A new immigration system will apply to people arriving in the UK from 1 January 2021 and EU citizens moving to the UK to work will need to get a visa in advance. EU citizens applying for a skilled worker visa will need to show they have a job offer from an approved employer sponsor to be able to apply. If you’re an employer planning to sponsor skilled migrants from 2021, and are not currently an approved sponsor, you should consider getting approved now. You can find more information on the UK’s new points-based immigration system on GOV.UK. EU Settlement Scheme EU, EEA or Swiss citizens and their family members who are living in the UK before 1 January 2021 need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. You may want to share information with your employees about the EU Settlement Scheme using our employer toolkit. Guidance - Avoiding discrimination while preventing illegal working Guidance for employers on how to avoid discrimination when carrying out right to work checks.
Published 16 May 2014
Last updated 6 April 2020 — see all updates Documents 
Code of practice for employers: avoiding unlawful discrimination while preventing illegal working PDF, 62.4KB, 11 pages Details Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents. Employers must carry out right to work checks on their employees. This code of practice provides practical guidance on how to avoid illegal discrimination when carrying out the checks. Check if someone can work in the UK using our quick answer tool. If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service. |