Employment and migration review
Employers now have to make annual checks on employees with a limited leave to remain in the UK to make sure they are still entitled to work in the UK.
The new requirement applies only to employees taken on from 29 February 2008 and is part of a package of measures to prevent illegal working. Since 1997, employers have had to check documents from one of two lists before taking on a new employee, and this requirement continues.
If the checks are undertaken correctly and evidence retained, normally in the form of photocopies, the employer cannot be prosecuted if the employee turns out not to have the right to work in the UK. For employees on time-limited visas who start after 28 February 2008, this statutory defence will only last 12 months until they can show that they have an indefinite right to work.
Employers who fail to check entitlement to work can be fined up to £10,000 for each illegal worker and can face criminal prosecution for knowingly employing someone who is not allowed to work in the UK. The requirement to check documents applies to all new starters. Employers must avoid any racial discrimination in their policies for status checks. The lists of acceptable documents are maintained by the Border and Immigration Agency.