Asylum and Immigration Act 1996

Asylum and Immigration Act 1996

The Asylum and Immigration Act 1996 is intended to ensure that only those people legally entitled to live and work in the UK are offered employment. Under section 8 of the Asylum and Immigration Act it is a criminal offence to employ a person aged 16 or over who has no right to work in the UK, or no right to do the work being offered unless:

1. that person has current and valid permission to be in the UK and that permission does not prevent him or her from taking the job in question; or

2. the person comes into a category where such employment is otherwise allowed.

This second category will include:

Asylum seekers who have been given written permission to work; and certain people who are appealing against a refusal of an application for further permission to stay. They will have letters from the Home Office confirming that they can be legally employed.

Responsibility of Employers

Under changes to the law on 1st May 2004 in order to comply with the Act, we have revised our arrangements whereby the immigration status of all successful applicants will be checked and copies of relevant documents made. Under the changes potential employees will be asked to provide:

one of the original documents included in List 1; OR

two of the original documents from one of the combinations given in List 2.

List 1

Anyone of the following documents should be provided:

·  A passport showing the holder is a British Citizen, or has a right of abode in the United Kingdom;

·  A national passport or national identity card showing that the holder is a national of a European Economic Area (EEA) country or Switzerland;

·  A residence permit issued by the Home Office to a national from the EEA or Swiss national;

·  A passport or other document issued by the Home Office with an endorsement stating that the holder has a current right of residence in the UK as a family member of an EEA or Swiss national who is resident in the UK;

·  A passport or other travel document endorsed to show the individual can stay indefinitely in the UK or has no time limit on their stay;

·  A passport or other travel document endorsed to show that the holder can stay in the UK and is permitted to do the type of work offered 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.

List 2

Please note that you are not able to combine documents from the first and second combinations below.

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. PLUS one of the following:

B. A full birth certificate issued in the UK 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 stating that the person can stay indefinitely in the UK, or has no time limit on the stay; or

F. An Immigration Status Document issued by the Home Office to the person with an endorsement indicating that the person can stay indefinitely in the UK, or has no time limit in their stay; or

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 offered; 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 offered.

Second combination

A. A work permit or other approval to take employment that has been issued by Work Permits UK. PLUS one of the following:

B. A passport or other travel document endorsed to show that the holder is able to stay in the UK and can take up the work permit employment offered; or

C. A letter from the Home Office confirming that the person is able to stay in the UK and can take up the work permit employment offered.

The following documents will no longer be acceptable from 1st May 2004:

·  A Home Office Standard Acknowledgement letter or Immigration Service Letter (IS96W) which states that an asylum seeker can work in the UK;

·  A letter issued by the Home Office stating that the holder is a British Citizen;

·  A passport describing the holder as a British Dependent Territories Citizen which states that the holder has a connection with Gibraltar;

·  A short birth certificate issued in the UK which does not have details of one of the holder's parents;

·  A card or certificate issued by the Inland Revenue under the Construction Industry Scheme;

·  A temporary National Insurance Number beginning with TN or any number which ends with the letters from E to Z inclusive;

·  A driving licence issued by the DVLA;

·  A bill issued by a financial institution or utility company.

Additionally, nationals from certain countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) will be required to register with the Home Office. Further details will be provided on appointment.

You will only be asked to produce a document from List 1 or a combination of documents from List 2 if you are offered an appointment. A copy of the document(s) will be kept on your personal file.