Sections 15 – 25 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act), set out the law on the prevention of illegal migrant working. These provisions came into force on 29 February 2008. They replace the previous offence under section 8 of the Asylum and Immigration Act 1996 (the 1996 Act) which require employers to keep documentation of evidence of potential new employees’ legal right to work in the UK. Appointments to Lincoln College are therefore subject to applicants providing documented evidence confirming they have the legal right to work in the UK. Employees are therefore required to supply the following documents from either List A or List B to the HR Unit at Lincoln College before employment is confirmed.

What is the difference between List A and List B?

If the employee is not subject to immigration control, or has no restrictions on their stay in the UK, they should be able to produce a document, or a specified combination of documents, from List A. The checks must be made before the employee is employed and the excuse will then be established for the duration of their employment.
Where the leave to enter or remain in the UK granted to an individual is time-limited, the document or documents provided will be specified in List B. If an individual provides a document or documents from List B, we will carry out specified document checks before the employment of the individual begins and carry out follow-up checks of the same kind at least once every 12 months. These repeat checks are required to retain the excuse.

LIST A
DOCUMENTS WHICH SHOW AN ONGOING RIGHT TO WORK

1. A passport showing that the holder, is a British citizen or has the right of abode in the United Kingdom.
2. A passport or national identity card showing that the holder, is a national of a European Economic Area country (refer to list below*) or Switzerland.
3. A residence permit issued by the Home Office to a national from a European Economic Area country of Switzerland.
4. A permanent residence card issued by the Home Office or the Border and Immigration Agency to the family member of a national of a European Economic Area country or Switzerland.
5. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates 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.
6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.

*WHICH COUNTRIES ARE PART OF THE EEA?
Austria
Ireland
Belgium
Liechtenstein
Cyprus
Luxembourg
Denmark
Malta
Finland
Netherlands
France
Norway
Germany
Portugal
Greece
Spain
Iceland
Sweden
Italy
UK

From 1 June 2002, nationals from Switzerland have also had the same free movement and employment rights as existing EEA nationals.

Additional countries from 1 May 2004

On 1 May 2004, 10 new countries* joined the European Union and became part of the EEA. Nationals from these countries will be free to enter and work in the UK. In 2004, the Government established a Worker Registration Scheme to monitor the participation of workers from eight of these countries in the UK labour market, as follows: *Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Cyprus and Malta Cyprus and Malta have been excluded from the Worker’s Registration Scheme.

DOCUMENT COMBINATIONS

These documents will only give the College an excuse against liability to pay a civil penalty if they are presented in the combinations specified.

FIRST COMBINATION

An official document issued by a previous employer or Government agency, e.g. HM Revenue and Customs (formerly the Inland Revenue), the Department for Work and Pensions, Jobcentre Plus, the Employment Service, the Training and Employment Agency (Northern Ireland) or the Northern Ireland Social Security Agency, which contains the permanent National Insurance number and name of the person. (A P45, P60, NI number card may be acceptable.) Along with checking and copying a document giving the person’s permanent National Insurance number and name, you must also check and copy ONE of the following documents listed in sections 7 - 13:

7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder 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.

8. A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents.

9. A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents.

10. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland.

11. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland.

12. A certificate of registration or naturalisation as a British citizen.

13. A letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom.

If you are satisfied that you have provided a document from LIST A, there is no need to produce further documents from the next list. However, if you have been unable to provide a document from LIST A, PLEASE SEE BELOW.

LIST B
DOCUMENTS WHICH SHOW A RIGHT TO WORK FOR UP TO 12 MONTHS

SINGLE DOCUMENTS

Any of the documents, or combination of documents, in List B, can demonstrate that a person is entitled to work in the UK for a limited period. If your employee presents a document or specified combination of documents from List B, there is no need to ask for any documents contained in List A. The college should only accept original documents. The College will not have an excuse against liability to pay a civil penalty if they know that the individual is not entitlement to do the work.

1. A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question, provided that it does not require the issue of a work permit.
 
2. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.

3. A residence card or document issued by the Home Office or the Border and Immigration Agency to a family member of a national of a European Economic Area country or Switzerland.

DOCUMENT COMBINATIONS

These documents will only give the College an excuse against liability to pay a civil penalty if they are presented in the combinations specified.

FIRST COMBINATION

4. A work permit or other approval to take employment issued by the Home Office or the Border and Immigration Agency. This will be in the form of the letter shown along with the actual permission from the Border and Immigration Agency for the person to take the employment in question, the College must also ensure that the work permit applicant has been given leave to enter or remain in the UK. This will be in the form of:
 

i. a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question OR
ii. a letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer confirming the same

SECOND COMBINATION

The following documents (Certificate of Application and Application Registration Card) will only give the College an excuse against liability to pay a civil penalty if they have been checked by the Border and Immigration Agency Employer Checking Service.

5. A Certificate of Application issued by the Home Office or the Border and Immigration Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old

6. An Application Registration Card issued by the Home Office or the Border and Immigration Agency stating that the holder is permitted to take employment

THIRD COMBINATION

A document issued by a previous employer or Government agency, e.g. Inland Revenue (now HM Revenue and Customs), the Department for Work and Pensions, Jobcentre Plus, the Employment Service, the Training and Employment Agency (Northern Ireland) or the Northern Ireland Social Security Agency, which contains the National Insurance number and name of the holder. (A P45, P60, NI number card or a letter from a Government agency may be acceptable) Along with checking and copying a document giving the person’s National Insurance number, the College must also check and copy ONLY ONE of the following documents listed in sections 7 - 8:

7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question. 8. A letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.

DOCUMENTS WHICH WILL NOT PROVIDE A STATUTORY DEFENCE AND CANNOT BE ACCEPTED AS EVIDENCE OF ELIGIBILITY TO WORK IN THE UK

• A Home Office Standard Acknowledgement Letter or Immigration Service Letter (IS96W) which states that an asylum seeker can work in the UK;
• A passport describing the holder as a British Dependent Territories Citizen which states that the holder has a connection with Gibraltar;
• A short (abbreviated) birth certificate issued in the UK which does not have details of at least one of the holder’s parents;
• A permanent National Insurance (NI) number when presented in isolation; a card or certificate issued by the Inland Revenue under the Construction Industry Scheme;
• A full or provisional driving licence issued by the Driver and Vehicle Licensing Agency;
• A temporary NI number beginning with TN, or any number which ends with the letters from E to Z inclusive;
• A licence provided by the Security Industry Authority;
• A document check by the Criminal Records Bureau;
• A bill issued by a financial institution, or a utility company. All documentation will be checked by a member of the HR Unit.

WORKER’S REGISTRATION SCHEME

Nationals from 8/10 (excluding Cyprus and Malta) new member states will be required to register with the Home Office under the new Worker’s Registration Scheme if they start working in the UK after 1 May 2004. The aim of this scheme is to enable the Government to monitor the participation of workers from these eight countries in our labour market.

EMPLOYING A WORKER FROM THE ADDITIONAL 8 COUNTRIES FROM 1 MAY 2004

Once the documents have been checked and confirmed as genuine originals and photocopied, you must apply to register immediately with the Home Office. The College will need to provide you with evidence of your employment, either a contract or a letter.

RETAIN REGISTRATION CERTIFICATE

Once you have been successfully registered, the Home Office will send you a copy of the Registration Certificate confirming this. You should retain the copy sent to you.

WHAT TO DO IF A PERSON IS NOT ABLE TO WORK HERE?

• If after following these checks any potential employee is not permitted to work, then the College is entitled to refuse or withdraw an offer of employment to that person.

THE RESPONSIBILITY IS WITH POTENTIAL EMPLOYEES TO DEMONSTRATE THAT THEY ARE PERMITTED TO WORK LEGALLY IN THE UK IN ACCORDANCE WITH THE IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006.