The Home Office has just published new guidance for employers setting out the checks that they need to perform in order to benefit from a statutory excuse under section 15 of the Immigration, Asylum and Nationality Act 2006.
The main changes relate to the following areas:
- the employment of international students;
- the employment of workers who state that they are a non-EEA national family member of an EEA national;
- voluntary workers and volunteers;
- illegal working measures introduced by the Immigration Act 2016 (closure notices, compliance notices and immigration checks relating to certain licensing regimes); and
- Application Registration Cards which are now issued as biometric documents.
We recommend that those who are responsible for ensuring that checks are carried out in accordance with the guidance review this new document carefully. Where necessary, new procedures should be set out. Employers must also, of course, continue to ensure that all checks are carried out in a non-discriminatory manner.
Organisations that hold a sponsor licence are reminded that full compliance with this guidance is a sponsor duty. Failure to comply may lead to enforcement action in relation to the sponsor licence in addition to any sanctions under the Immigration, Asylum and Nationality Act 2006.
If you require legal advice on ensuring that your organisation is compliant with this area of law, please contact us.