Employing immigrant/migrant workers

What can I do to make sure applicants are able to work legally?

Check original identity documents and retain copies, signing and dating the copy ‘original seen’ and keep it for 2 years after the employee has left. From 1st January 2021 EEA, EA & Swiss workers no longer had an unrestricted right to work in the UK, and most will require a visa to do so, the conditions of which will need to be strictly adhered to. You can obtain a government guide to identity checking by clicking here.

When checking ID documents make sure it looks & feels genuine, untampered with, and the person on the document looks like the person in front of you. Address details may be tallied with utility bills etc.

myHRdept can help clients obtain sponsorship status in order for clients to recruit outside of the UK.

For more about the Points Based Immigration System in force from 1st January 2021, please click here.

If you’re thinking of outsourcing your HR or employment law needs, why not contact myHRdept? Call us on 01628 820515 to discuss your requirements or contact us and we’ll call you back.

I am not sure that all of my existing staff are legal to work in the UK. How can I check?

One or two things you MUST be aware of:

If you carry out an audit, audit ALL of your employees, or a truly random sample if you have to too many to do all. DO NOT single out groups you think may be more likely to be illegally working or you could be vulnerable to discrimination claims.
Securely keep all information you gain from the audit. This will form part of your due diligence defence if you are challenged in the future.
Rigorously check all future new employee’s documents prior to employing them to ensure they are eligible to work in the UK.

Please contact us to discuss your HR needs or phone 01628 820515.

A job applicant is unable to produce documents to prove eligibility to work in the UK. What do I do?

If you are not sure that someone has the right to work in the UK you should not employ them until the evidence has been produced.

You can obtain a Home Office guide by clicking here.

When checking ID documents make sure it looks genuine, unatampered with and the person on the document looks like the person in front of you. Address details may be tallied with identity bills etc.

myHRdept can help set up sponsorhip status in order for clients to recruit for shortage roles outside of the EEA.

Please contact us to discuss your HR needs or phone 01628 820515.

It appears one of my employees does not have the right to work in the UK. What do I do?

You should urgently contact myHRdept to discuss the case as the person may have to be dismissed.

Do I need to keep copies of employee's identity documents?

You should securely keep signed copies (signed, dated and marked ‘original seen’) of right to work documentation for all employees, irrespective of their nationality, for 2 years after their employment has ended. By keeping copies you will be able to construct a ‘due diligence’ defense if the person later transpires to have been working for you illegally. Of course this will only succeed providing you have carried out the necessary checks etc.

What is List A and List B and why is it important to know the difference?

List A & B describe the type of identity documents regarded as suitable for providing evidence of identity. You can obtain a copy of the .gov checklist by clicking here. List A & B documentation will be updated by the Home Office following the implementation of the Points Based Immigration System in January 2021 following the UK’s exit from the European Union. For more about the new system please click here.

Employing immigrant/migrant workers

Do you need HR support?

We're here to help

Contact Us

Employing immigrant/migrant workers

Do you need HR support?

We're here to help

Contact Us​

Contact Us