The immigration system has recently been overhauled and has been made simpler by introducing 5 new tiers. Under the new system migrants need to pass a points based assessment before they are given permission to enter or remain in the UK.
The number of points each migrant needs and the way in which points are awarded will depend on the tier they are applying under. Points will be awarded to reflect that migrant’s ability, experience, age, and when appropriate, then level of need within the sector the migrant will be working.
All migrants applying under any tier, except tier 1 will need to be sponsored in order for their application to be successful. If an employer wishes to recruit a migrant under tiers 2, 4 or tier 5 they will have to apply for a sponsor licence.
Under tiers 2 and 5, the sponsor will need to be a UK-based employer. Under tier 4, the sponsor will need to be a UK-based educational institution.
We would like to offer a job to a candidate but found out that they will need a work permit. Do we have to apply for the permit and could we offer them a job without it?
European Economic Area (EEA) nationals and their families do not need a work permit if they want to work permanently in EU countries – this includes Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden.
Any non-EU National without the appropriate working visa will need to apply for permission to work in the UK and the employer will have to apply for a sponsorship licence (if they do not already have one).
Until the Home Office has advised you that permission has been granted to that individual, it would not be advisable to confirm the offer of employment or allow them to commence work.
We have a part time vacancy and a foreign student has applied for the role. Could we offer them the job?
Non-EU National students are not allowed to work for more than 20 hours per week during term time (with the exception of where the placement is necessary for their studies and undertaken with the education institution's agreement). Their passport / visa will display their status to work in the UK and so we would advise that you check this and keep a copy for your records.
These arrangements do not apply to those on courses of 6 months or less who have been granted entry on conditions that prohibit any form of employment.
Can we ask every new employee to provide evidence that they can work in the UK?
Yes, we would advise that if you make checks to establish if someone can work in the UK, you ensure the way in which you undertake this is non-discriminatory. It doesn't matter at which stage you ask to see an identity document, provided that it happens prior to an applicant starting work and providing you ask all those at the same stage of recruitment to demonstrate identity/status.
We would advise that you implement a process for checking documents prior to any verbal offer of employment being made
It has been widely publicised that fake documents are being used to assist Foreign Nationals gaining employment within the UK. What should we look for when recruiting staff?
The most common form of fake documents are National Insurance documents. However employers also come across forged Home Office letters and sometimes forged passports.
Provided you have asked for and received one of the specified documents (and kept a copy of it!) and provided that you have done your best to check that the document appears to relate to the individual, you have protected your business.
For examples of fake documents and stamps please view the Immigration and Nationality Directorate web site www.ind.homeoffice.gov.uk.
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