Do UK companies hire foreign workers?

Important information about the following:

A person who is not a British citizen is required to provide you with the appropriate papers in order to be eligible for employment in the UK.

You have a responsibility to review any paperwork that is submitted to you to confirm, to the best of your abilities, that the evidence is authentic and that the prospective employee has the legal right to work in the UK.

In general, the following requirements need to be met in order to hire someone residing outside of the UK, including the European Union:

In order for them to be granted permission to enter or stay in the United Kingdom, they are first subjected to a points-based evaluation, which they must pass.

In order to become a sponsor, you will need to get a license from the Home Office.

Important reminder with relation to checks on the right to work

As a result of the COVID-19 (coronavirus) pandemic, the government has made certain temporary changes to right to work checks in order to make it simpler for businesses to complete them. Visit the following website for more details: www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks.

The interim COVID-19 easing of the right to work checks will cease on April 5, 2022, and employers will be required to return to face-to-face and physical document checks as outlined in the advice. This requirement will take effect immediately.

Employers' duties

When you hire people who are not citizens of the country in which you are located, it is critical that you be aware of the obligations that come with it. The UK Borders Act of 2007 is the piece of law that governs the employment of migrant employees. The Act addresses all elements of immigration, beginning with those seeking asylum and continuing with permanent migration, as well as the authorization to work and study in the United Kingdom.

The Home Office is responsible for developing and enforcing the immigration laws of the United Kingdom on the basis of this legislation. These immigration regulations offer the specifics of how the Act is carried out in practice. The guidelines may be found on the website of the Government of the United Kingdom under the heading "Checking a job applicant's Right to Work." Because these laws are changed on a frequent basis, it is important to check the website on a regular basis to see if there have been any modifications made to the policies regarding hiring foreign employees.

Before a person from outside the UK begins working for you, you are required to confirm that they are in possession of the appropriate documentation allowing them to do so. This is true whether or not they are already employed by you.

Documentation attesting to one's legal right to work in the UK

There are many different kinds of documentation that companies need to look for in order to validate their workers' claims that they have the legal right to work in the UK. Employers that fail to do these checks expose themselves to the possibility of being prosecuted if it is discovered that they have employed foreign nationals who are not authorized to work in the UK.

A foreign citizen is required to provide you with one of the following documents in order to establish their eligibility to work in the UK:

a passport that demonstrates that the holder, or a person specified in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies possessing the right of residence in the United Kingdom.

a document that certifies or indicates permanent residence and is granted by the Home Office or the Border and Immigration Agency to a citizen of a country that is a member of the European Economic Area or Switzerland.

a card indicating permanent residency that has been granted by the Home Office or the Border and Immigration Agency to a member of the family of a citizen of a country that is a part of the European Economic Area or Switzerland.

a Biometric Immigration Document that has been issued to the holder by the Border and Immigration Agency and which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom or that they have no time limit on their stay in the United Kingdom is called an Indefinite Leave to Remain.

a passport or other travel document that has been endorsed to show that the holder is exempt from immigration control, that they are allowed to stay indefinitely in the United Kingdom, that they have the right of abode in the United Kingdom, or that they do not have a time limit on their stay in the United Kingdom

an Immigration Status Document, issued by the Home Office or the Border and Immigration Agency, with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person's permanent National Insurance Number and their name, issued by a government agency or a previous employer. This endorsement must also indicate that the person named in the Immigration Status Document has no time limit on their stay in the United Kingdom.

a full birth certificate that was issued in the United Kingdom and includes the name(s) of at least one of the holder's parents, when produced in combination with an official document giving the person's permanent National Insurance Number and their name issued by a government agency or a previous employer. the combination of these two documents is required in order to obtain a National Insurance Number.

a full adoption certificate issued in the United Kingdom, which includes the name(s) of at least one of the holder's adoptive parents, when produced in combination with an official document giving the person's permanent National Insurance Number and their name issued by a government agency or a previous employer. a full adoption certificate issued in the United Kingdom, which includes the name(s) of at least one of the holder's adoptive parents.

a birth certificate that was issued in the Channel Islands, the Isle of Man, or Ireland, when presented in conjunction with an official document that gave the person's permanent National Insurance Number and their name, and that document was issued by either a government agency or a previous employer; this combination was required.

a certificate of adoption that was issued in the Channel Islands, the Isle of Man, or Ireland, provided that it is presented alongside an official document that includes the person's permanent National Insurance Number and name, and that document was issued by either a government agency or a previous employer.

a certificate of registration or naturalization as a British citizen, when produced in combination with an official document giving the person's permanent National Insurance Number and their name, issued by a government agency or a previous employer. a certificate of registration or naturalization as a British citizen, when produced in combination with an official document giving the person's permanent National Insurance Number and their name

a letter that has been issued to the holder by either the Home Office or the Border and Immigration Agency and indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when it is produced in combination with an official document giving the person's permanent National Insurance Number and their name that has been issued by either a government agency or a previous employer. This letter is known as an indefinite leave to remain letter.

a piece of paper issued by the Home Office proving that the individual in question has been given "Settled" or "Pre-Settled" Status in accordance with the EU Settlement Scheme.

Original versions of any and all papers provided by applicants for employment are required to be submitted; copies in any form, including photocopies, printouts, and other reproductions, are not tolerated. In the paper titled "Prevention of Illegal Working," which is published by the Home Office, the process of verifying a worker's eligibility to work in the United Kingdom is described in further depth.

EU Settlement Scheme

EU, EEA, or Swiss citizens who began residing in the UK before to the 1st of January 2021 are eligible to apply under the EU Settlement Scheme to continue living and working in the UK beyond the 30th of June 2021. The application deadline is set for the 30th of June in 2021.

Applicants who have been continuously residing in the UK for five years prior to the 1st of January 2021 will be eligible for "Settled Status," which enables them to reside and work in the UK forever. This status must be applied for before the 1st of January 2021.

Applicants who can demonstrate that they have lived in the United Kingdom continuously for at least five years prior to January 1, 2021 will be eligible for "Pre-Settled Status." This status will allow them to continue living and working in the United Kingdom for an additional five years, after which they will be eligible to apply for "Settled Status."

Note that EU nationals who are also citizens of Ireland or who already have indefinite leave to stay do not have to apply for the right to remain in the UK under the EU Settlement Scheme. This exemption applies only to those individuals who meet both of these criteria.

Performing verification checks on the workers' paperwork

It is your responsibility to carefully examine the documents that candidates provide and to ensure, to the best of your ability, that these documents are genuine and that the potential employee is authorized to work in the UK. In addition, it is your responsibility to determine whether or not the candidate is qualified to work in the UK.

The following components of the paperwork that is presented need to be scrutinized with extreme care.

Images: Do the individuals in the photographs match the descriptions of them on the documents?

When it comes to the candidate's date of birth, do you think it matches up with their appearance?

Dates of expiration: may I use the papers in their current form?

Stamps and endorsements - do the stamps in the job applicant's passport enable them to undertake the sort of work that you are offering?

Name: Does each of the papers include the exact same name?

After you have examined the candidate's papers and determined that they are authentic, you will need to make copies of them for your records. You may do this by photocopying the documents or by scanning them onto your computer. Once you have done this, you can go on to the next step.

PRADO stands for the Public Register of Authentic Identification and Travel Documents Online, and it is a resource that may assist you in determining whether or not a document is genuine.

The imposition of sanctions for disobedience

Penalties include:

Employers who are found to be employing illegal migrants may face civil fines.

hiring illegal migrant workers with the knowledge that one is doing so, which is a criminal offense that carries a maximum term of two years in jail and/or an infinite fine.

It is the obligation of employers to ensure that migrant employees who have immigration statuses that expire within a certain amount of time are still permitted to maintain their employment in the United Kingdom.

You should examine the documentation of potential workers and conduct repeat document checks at least once a year for employees who have restricted permission to enter or stay in the United Kingdom. Failing to do so might result in a civil penalty being levied against your business.

System of immigration based on points

A migration system that is based on points has been implemented by the government for persons who are currently living outside of the UK but wish to live and work in the UK. Prior to being granted permission to enter or stay in the United Kingdom, migrants are subjected to a point system evaluation that must be passed successfully.

According to the system that is based on points, candidates need to have a score of seventy points.

In order for the candidates to get 70 points, they must fulfill the following three essential conditions, each of which is worth 50 points:

• they have an offer of employment from a sponsor that is licensed by the Home Office

• the job opening is suitable for candidates with the requisite degree of experience, which is RQF 3 or above (A-Level and equivalent)

• they have an English proficiency that meets the requirements.

To be eligible for the extra 20 points, the job offer must reach the appropriate minimum income level, which is set at either £25,600 or the particular pay criterion for their profession, which is referred to as the "going rate."

Alternately, the employment offer may be for a salary as low as £20,480, provided that the candidate can obtain 20 points by fulfilling any one of the following requirements:

for the purpose of filling a position in an industry in which the Migration Advisory Committee has identified a skills shortfall

holding a doctoral degree in an appropriate field

possessing a doctoral degree in a science, technology, engineering, or mathematics field, which would allow them to sell features, such as their credentials, for a lesser pay in order to get the necessary number of points.

An candidate may still be qualified for the position even if the employment offer does not meet the minimum income criterion but does not fall below £20,480 if they hold the following qualifications:

an employment opportunity in a field that is currently experiencing a labor shortage

a doctorate in a field related to the work

a Doctorate in one of the Relevant STEM Fields.