stopped from getting a job then?
Discussion
I have recently found out about some nwew legislation whereby i have to prove my identity to any prospective employer!, ie showing my passport, driving licence etc, eh?, surely i HAVE to be believed in this "innocent till proven Guilty Country", I shall NOT be proffering said documents as I have no need to, my family have lived in England for over 1,000 years, can be traced back to Boudica actually!, no way do I have to prove a thing, end of story!
wantabike
wantabike
Don't panic Mr Mainwaring!
The new legislation is to stop illegal immigrants working by putting more of an onus on employers to do the Immigration Service's work for them.
So long as you've got the normal documents that prove you're 'in the system' then there's no problem & no additional checks to do unless you give the new employer cause to be suspicious of your legality.
In practice, if you can give an NI number (and you'll probably have a P45 from your last job too) then there's no change & no extra checks to be done.
Cheers.
The new legislation is to stop illegal immigrants working by putting more of an onus on employers to do the Immigration Service's work for them.
So long as you've got the normal documents that prove you're 'in the system' then there's no problem & no additional checks to do unless you give the new employer cause to be suspicious of your legality.
In practice, if you can give an NI number (and you'll probably have a P45 from your last job too) then there's no change & no extra checks to be done.
Cheers.
More information on it from here and here.
As they say...
Section 8 of the Asylum and Immigration Act 1996 sets out the law on the
prevention of illegal working.
It makes it a criminal offence for you to employ someone, aged 16 or over,
who has no right to work in the United Kingdom, or no right to do the
work you are offering.
It gives employers a statutory defence against conviction for employing an
illegal worker. You get this by checking and copying certain original
documents belonging to your employee.
So amongst employers that realise that the law exists, they can claim a valid defence if they check documents.
On the other hand, a good dose of common sense would also go a long way!
But if you want to check documents to prove you're in the clear (and perhaps you'd have to check everyone or face troubles for just checking people that you thought looked or sounded 'foreign') then you need either...
Any one of:
A passport showing that the holder is a British citizen, or has a right of
abode in the United Kingdom.
A document showing that the holder is a national of a European Economic
Area country (listed on pages 10–11) or Switzerland. This must be a
national passport or national identity card.
A residence permit issued by the Home Office to a national from a
European Economic Area country or Switzerland.
A passport or other document issued by the Home Office which has an endorsement stating that the holder has a current right of residence in the
United Kingdom as the family member of a national from a European Economic Area country or Switzerland who is resident in the United Kingdom.
A passport or other travel document endorsed to show that the holder can stay indefinitely in the United Kingdom, or has no time limit on their stay.
A passport or other travel document endorsed to show that the holder can stay in the United Kingdom; and that this endorsement allows the holder to
do the type of work you are offering if they do not have a work permit.
An Application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.
If you haven't got one of these then you need two of these...
First combination
A A document giving the person’s permanent National Insurance Number and
name. This could be a: P45, P60, National Insurance card, or a letter from
a Government agency.
Along with checking and copying a document giving the person’s
National Insurance Number, you must also check and copy only one
of the following documents listed in sections B–H:
B a full birth certificate issued in the United Kingdom, which includes the
names of the holder’s parents; OR
C a birth certificate issued in the Channel Islands, the Isle of Man or Ireland;
OR
D a certificate of registration or naturalisation stating that the holder is
a British citizen; OR
E a letter issued by the Home Office to the holder which indicates that the
person named in it can stay indefinitely in the United Kingdom, or has no
time limit on their stay; OR
F an Immigration Status Document issued by the Home Office to the
holder with an endorsement indicating that the person named in it can
stay indefinitely in the United Kingdom, or has no time limit on their stay;
OR
Changes to the law on preventing illegal working
G a letter issued by the Home Office to the holder which indicates that the
person named in it can stay in the United Kingdom, and this allows them
to do the type of work you are offering; OR
H an Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in
the United Kingdom, and this allows them to do the type of work you are offering.
Second combination
A A work permit or other approval to take employment that has been issued by Work Permits UK.
Along with a document issued by Work Permits UK, you should also check and copy one of the following documents listed at B–C:
B a passport or other travel document endorsed to show that the holder is able to stay in the United Kingdom and can take the work permit
employment in question; OR
C a letter issued by the Home Office to the holder confirming that the person
named in it is able to stay in the United Kingdom and can take the work
permit employment in question.
So I hope that's all as clear as mud now!! Basically you don't have to copy documents but if you don't and you turn out to have employed an illegal then your defence is toast.
But I was wrong about what documents were needed - even if you've got a P45 then it needs to be backed up by something else.
I wonder if I can invoice that nice Mr Blair for my admin time?
Good job I don't employ anybody...
As they say...
Section 8 of the Asylum and Immigration Act 1996 sets out the law on the
prevention of illegal working.
It makes it a criminal offence for you to employ someone, aged 16 or over,
who has no right to work in the United Kingdom, or no right to do the
work you are offering.
It gives employers a statutory defence against conviction for employing an
illegal worker. You get this by checking and copying certain original
documents belonging to your employee.
So amongst employers that realise that the law exists, they can claim a valid defence if they check documents.
On the other hand, a good dose of common sense would also go a long way!
But if you want to check documents to prove you're in the clear (and perhaps you'd have to check everyone or face troubles for just checking people that you thought looked or sounded 'foreign') then you need either...
Any one of:
A passport showing that the holder is a British citizen, or has a right of
abode in the United Kingdom.
A document showing that the holder is a national of a European Economic
Area country (listed on pages 10–11) or Switzerland. This must be a
national passport or national identity card.
A residence permit issued by the Home Office to a national from a
European Economic Area country or Switzerland.
A passport or other document issued by the Home Office which has an endorsement stating that the holder has a current right of residence in the
United Kingdom as the family member of a national from a European Economic Area country or Switzerland who is resident in the United Kingdom.
A passport or other travel document endorsed to show that the holder can stay indefinitely in the United Kingdom, or has no time limit on their stay.
A passport or other travel document endorsed to show that the holder can stay in the United Kingdom; and that this endorsement allows the holder to
do the type of work you are offering if they do not have a work permit.
An Application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.
If you haven't got one of these then you need two of these...
First combination
A A document giving the person’s permanent National Insurance Number and
name. This could be a: P45, P60, National Insurance card, or a letter from
a Government agency.
Along with checking and copying a document giving the person’s
National Insurance Number, you must also check and copy only one
of the following documents listed in sections B–H:
B a full birth certificate issued in the United Kingdom, which includes the
names of the holder’s parents; OR
C a birth certificate issued in the Channel Islands, the Isle of Man or Ireland;
OR
D a certificate of registration or naturalisation stating that the holder is
a British citizen; OR
E a letter issued by the Home Office to the holder which indicates that the
person named in it can stay indefinitely in the United Kingdom, or has no
time limit on their stay; OR
F an Immigration Status Document issued by the Home Office to the
holder with an endorsement indicating that the person named in it can
stay indefinitely in the United Kingdom, or has no time limit on their stay;
OR
Changes to the law on preventing illegal working
G a letter issued by the Home Office to the holder which indicates that the
person named in it can stay in the United Kingdom, and this allows them
to do the type of work you are offering; OR
H an Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in
the United Kingdom, and this allows them to do the type of work you are offering.
Second combination
A A work permit or other approval to take employment that has been issued by Work Permits UK.
Along with a document issued by Work Permits UK, you should also check and copy one of the following documents listed at B–C:
B a passport or other travel document endorsed to show that the holder is able to stay in the United Kingdom and can take the work permit
employment in question; OR
C a letter issued by the Home Office to the holder confirming that the person
named in it is able to stay in the United Kingdom and can take the work
permit employment in question.
So I hope that's all as clear as mud now!! Basically you don't have to copy documents but if you don't and you turn out to have employed an illegal then your defence is toast.
But I was wrong about what documents were needed - even if you've got a P45 then it needs to be backed up by something else.
I wonder if I can invoice that nice Mr Blair for my admin time?
Good job I don't employ anybody...
I'm sure most people have a passport, an National Ins number and a birth certificate. But what if you've somehow been missed out of the system? Perhaps your parents were travellers, your birth wasn't registered (not your fault!), and you've never needed a passport? Coul you be denied work because of this?
I'm sure that not everyone legitimately a UK citizen is actually able to prove it. What then?
I'm sure that not everyone legitimately a UK citizen is actually able to prove it. What then?
Peter Ward said:
I'm sure most people have a passport, an National Ins number and a birth certificate. But what if you've somehow been missed out of the system? Perhaps your parents were travellers, your birth wasn't registered (not your fault!), and you've never needed a passport? Coul you be denied work because of this?
I'm sure that not everyone legitimately a UK citizen is actually able to prove it. What then?
I believe youd have to have 2 people in the system vouch for your identity. Say your doctor, and your best mate.
wantabike said:
I shall NOT be proffering said documents as I have no need to, my family have lived in England for over 1,000 years, can be traced back to Boudica actually!
That's 2000 years actually. You must have one sh!t hot genealogist. Either that or you're talking complete crap. Can you prove it?
Slightly off topic granted........
Peter Ward said:
I'm sure most people have a passport, an National Ins number and a birth certificate. But what if you've somehow been missed out of the system? Perhaps your parents were travellers, your birth wasn't registered (not your fault!), and you've never needed a passport? Coul you be denied work because of this?
I'm sure that not everyone legitimately a UK citizen is actually able to prove it. What then?
Thats a good argument! A way round it would be to go self employed perhaps?
Peter Ward said:
I'm sure most people have a passport, an National Ins number and a birth certificate. But what if you've somehow been missed out of the system? Perhaps your parents were travellers, your birth wasn't registered (not your fault!), and you've never needed a passport? Coul you be denied work because of this?
I'm sure that not everyone legitimately a UK citizen is actually able to prove it. What then?
Yes, but is that was the case, you would never need to get a job, you would work for the "Family " Buisness ... Tarmac, Drives .. "6inches thick sir"... "special price", "just for you today" :wink:
DeMolay said:
I shall NOT be proffering said documents as I have no need to, my family have lived in England for over 1,000 years, can be traced back to Boudica actually!
That's 2000 years actually. You must have one sh!t hot genealogist. Either that or you're talking complete crap. Can you prove it?
Slightly off topic granted........
Staying off topic; a study has given evidence that you only have to go back 10,000 years to find all european types will have come from one of seven women.
james_j said:
wantabike said:
I shall NOT be proffering said documents as I have no need to, my family have lived in England for over 1,000 years, can be traced back to Boudica actually!
That's 2000 years actually. You must have one sh!t hot genealogist. Either that or you're talking complete crap. Can you prove it?
Slightly off topic granted........
Staying off topic; a study has given evidence that you only have to go back 10,000 years to find all european types will have come from one of seven women.
Who is probably very sore....
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