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Frequently Asked Questions

Question 1
Is it true that I have to check that someone is eligible to work in the UK before I take them on?

Asylum and Immigration Act
You are requred to obtain proof of eligibility to work in the UK before an employee starts working for you. It doesn't matter at what stage of the recruitment process you decide to carry out the necessary checks.

New penalties came into force on 29 February under the Immigration, Asylum and Nationality Act 2006. A new system of civil penalties has been introduced which could result in employers who negligently hire illegal workers by not checking that they are legally allowed to work facing a maximum fine of £10,000 for each illegal worker found at a business. Employers who are found to have knowingly hired illegal workers could now face an unlimited fine and a prison sentence.

Since 2004, employers have been required to check either one secure document or a combination of two documents that show the person is permitted to work in the UK. The required documents are contained in two lists published by the Home Office. Under the new civil penalty regime, those lists have been revised to include new documents, some of them containing biometric data.

For a checklist, please email with "Asylum and Immigration Checklist" in the subject line.
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