Checking the Status of Migrant Workers

Under Section 8 of the Asylum and Immigration Act 1996, all employers in the United Kingdom are required to make basic document checks to prevent illegal working. There are currently two services available to you.

An on-line guide available through business link http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1079133778&r.t=ONEOFFPAGE&r.i=1078557705&r.s=e

This guide will take you through the decision making process to see if the migrant worker can prove they have the right to work in the UK.

An Employer Helpline - 0845 010 6677

The Helpline can provide general advice and guidance about employing migrant workers and the types of documents that you should ask for. The Helpline also offers an Employer Checking Service which allows you to check if the migrant worker has an outstanding application or appeal with the Border and Immigration Agency and as a result cannot provide you with the relevant identity documents you require. The service can also validate Application Registration Cards (ARC). At present the Checking Service allows employers to check against the following:

• Exceptional Leave to Remain (ELR) to Indefinite Leave to Remain (ILR)
   
• Non EEA dependants and spouses
   
• Discretionary leave
   
• Humanitarian protection
   
• A2 Nationals (Bulgarian and Romanians)
   
• Validation of Application Registration Cards (ARC). 

Further details on the Employer Checking Service can be found on the Border and Immigration Agency website http://www.ind.homeoffice.gov.uk/employingmigrants/

Or alternatively go to www.businesslink.gov.uk and click on the section called 'Employing People' then 'Employing different types of worker'.