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Compulsory checks to prevent illegal working

From 29th February 2008, under the Immigration, Asylum and Nationality Act 2006, employers are required to carry out additional checks to ensure that new employees can work legally in the UK. These checks must be made before the employee starts work.

Under the rules, employers must check certain documents for every potential new employee. If a potential employee cannot provide suitable documents (and therefore is unable to show that he/she has an entitlement to work in the UK), the person must not be employed. An employer who employs someone who does not have the right to work in the UK will be liable to pay a penalty of up to £10,000 per illegal worker.

In addition, employees who have time-limited entitlements to work in the UK must be checked every 12 months. Also starting in 2008, the right to enter or remain in the UK will be based on a points system.

Subscribers to the Members section will find more details about the rules in the Recruitment Zone. If you are not a Member, click here for information about the benefits of membership and how to subscribe.

More information

Home Office guidance on employing migrant workers

Employers' Helpline: 0845 010 6677

Border and Immigration Agency information about employing immigrant workers

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