7/1/2014 Todays Presenters Annabel Mace Partner Phone +44 207 655 - PowerPoint PPT Presentation

7/1/2014 Today’s Presenters Annabel Mace Partner Phone +44 207 655 1487 Mobile +44 7825 204 764 annabel.mace@squirepb.com Supinder Sian Essential Immigration Compliance Update Partner Phone +44 207 655 1741 Mobile +44 7545 935617 supinder.sian@squirepb.com Annabel Mace – Partner and Head of UK Business Immigration Supinder Sian – Partner Follow us on 1 July 2014 twitter.com/SPB_Immigration squirepattonboggs.com squirepattonboggs.com 2 2 1

7/1/2014 Introduction Preventing Illegal Working What’s changed - at a glance  Changes to the Law on the Prevention of Illegal Working  No more annual follow-up checks for those with limited leave to remain although a further check must be made when permission expires  Tier 2 Sponsorship Essentials  Shorter list of right to work documentation  Tier 2 Sponsorship Pitfalls  Employers must now check term and vacation dates of non-EEA students studying at UK educational institutions  Tier 2 Sponsor Compliance Obligations  Extension of the grace period from 28 to 60 days for conducting right to work checks on employees acquired as a result of a TUPE transfer  Key Audit Preparation Points  Revised method for calculating civil penalty levels including increase in maximum penalty to £20,000 squirepattonboggs.com squirepattonboggs.com 3 3 squirepattonboggs.com squirepattonboggs.com 4 4 2

7/1/2014 Preventing Illegal Working Preventing Illegal Working Key Principles Common examples of List A documents include:  An employer will commit an offence and be liable for a civil penalty if it employs  A passport showing that the holder is a British citizen or citizen of the UK and a person aged 16 or over who does not have the right to work in the UK and Colonies having the right of abode in the UK carry out the work in question.  A Swiss or EEA passport or national identity card (except Croatia)  Employers can establish a ‘statutory excuse’ against illegal employment by  A current non-EEA passport showing that the holder is exempt from checking specified documentation which shows that the employee is allowed to work in the UK in the role in which they are being employed. immigration control, has indefinite leave to remain in the UK, has the right of abode in the UK or no time limit on their stay in the UK  A statutory excuse will protect the employer from a civil penalty but cannot be  A current Biometric Residence Permit (BRP) issued by the Home Office used if the employer is knowingly employing someone illegally indicating that the holder is allowed to stay in the UK indefinitely or has no time  The specified documentation is set out in the Home Office’s List A and List B limit on their stay in the UK (Group 1 and Group 2)  A full birth or adoption certificate issued in the UK including the names of at https://www.gov.uk/government/publications/right-to-work-checklist least one of the holder’s parents together with an official document giving the holder’s NI number and name. squirepattonboggs.com squirepattonboggs.com 5 5 squirepattonboggs.com squirepattonboggs.com 6 6 3

7/1/2014 Preventing Illegal Working Preventing Illegal Working Common examples of List B documents include: ‘3 Step Document Check – ‘OCC’ List B Group 1 STEP 1 - OBTAIN  a current passport (non-EEA/UK) endorsed to show that the holder is allowed  Employer must obtain original document(s) before employment begins to stay in the UK and currently allowed to do the type of work in question (e.g. dependant visa, Tier 1 (General) visa, Tier 2 visa, Tier 4 visa);  One of the single documents or two of the documents in specified  a current Biometric Residence Permit issued by the Home Office indicating that combinations from List A the holder is currently allowed to stay in the UK and to do the work in question. List B Group 2  Application Registration Card (asylum) OR Certificate of Application (under OR Immigration (EEA) Regulations 2006) less than 6 months old PLUS  Positive Verification Notice (PVN) from the Home Office’s Employer Checking  One of the single documents or two of the documents in specified Service (ECS) combinations from List B Group 1 or Group 2  A PVN alone will also suffice for 6 months if reasonable grounds to believe the employee has a pending in-time application or appeal with the Home Office. (In the event of a TUPE transfer, inheriting employer has 60 days from date of transfer in which to carry out right-to-work checks) squirepattonboggs.com squirepattonboggs.com 7 7 squirepattonboggs.com squirepattonboggs.com 8 8 4

7/1/2014 Preventing Illegal Working Preventing Illegal Working STEP 2 - CHECK STEP 3 - COPY  Employer photocopies or scans documents in a format that cannot later  Employer checks the documents are genuine, the person presenting be altered and retains the copy securely: electronically or in hard copy them is the prospective employee or employee, the rightful holder and allowed to do the work in question  Passports : copy any page with the document expiry date, nationality, date of  For each document presented: birth, signature, leave expiry date, biometric details and photograph and any page containing information indicating the holder has an entitlement to enter or  Are photos and dates of birth consistent across documents and with the remain in the UK and undertake the work in question (no longer necessary to person’s appearance: copy passport cover!)  Check expiry dates not passed  All other documents: copy them in full (e.g. both sides of a Biometric  Check work restrictions to see if person permitted to work for you and do the Residence Permit) work in question  Are you satisfied documents genuine and have not been tampered with and NB - make a record of the date on which you conducted the check to show belong to holder? it was carried out before employment began and record the work  Request further documents e.g. marriage certificate if two documents have permission end date separately different names squirepattonboggs.com squirepattonboggs.com 9 9 squirepattonboggs.com squirepattonboggs.com 10 10 5

7/1/2014 Preventing Illegal Working Preventing Illegal Working Carrying out follow-up checks Carrying out follow-up checks (continued)  Up to and including 15 May 2014, annual follow-up checks were required for all  List B Group 2 document holders i.e. non EEA nationals (plus Croatians) employees with limited leave to remain in the UK whose employment started who have a pending Home Office application or appeal (employer will on or after 29 February 2008 therefore have carried out an ECS check and obtained a PVN before employment began) – carry out a follow-up check within 6 months of the date of the PVN and then do further ECS check at that point if  From 16 May 2014, following the initial pre-employment check: necessary i.e. because application still pending.  List A document holders i.e. British and EEA nationals (except Croatians)  For an existing employee who initially produced List B Group 1 or Group 2 and non-EEA nationals settled in the UK – no further checks required documentation, when carrying out the follow-up check as above, if you are reasonably satisfied that he has a pending immigration application or appeal  List B Group 1 document holders i.e. non-EEA nationals (plus Croatians) against a Home Office decision, your time-limited statutory excuse obtained with limited leave to remain in the UK – carry out a follow-up check on or from the initial check will continue for a further 28 days after the follow-up before expiry of the document produced at the initial check check during which you must obtain a PVN from the ECS which will give you a statutory excuse for a further six months. squirepattonboggs.com squirepattonboggs.com 11 11 squirepattonboggs.com squirepattonboggs.com 12 12 6