The Illegal Working Compliance Orders Regulations 2016

Interpretation U.K.

2.  In these Regulations—

“administrative review” means review conducted under the immigration rules;

“biometric immigration document” has the same meaning as in section 5 of the UK Borders Act 2007(1);

“derivative right of residence” has the same meaning as in regulation 15A of the Immigration (European Economic Area) Regulations 2006(2);

“document” means an original document;

[F1 “employee”, except in regulations 4(2), 4(3), 5A(2) and 5A(3), includes a reference to a prospective employee]

[F2 “Home Office Employer Checking Service” means the enquiry and advice service for employers operated by the Home Office;]

[F3 “Home Office online right to work checking service” means the electronic system allowing employers to check whether a person is allowed to work in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so.]

[F4 “identity document validation technology” means technology operated by a person for the purpose of verifying the identity of another person (“the subject”), whereby a digital copy of a physical document relating to the subject is produced by or in relation to the subject for verification of—

(a)

the document’s validity, and

(b)

whether the subject is the rightful holder of the document;]

[F4 “IDVT identity check” means the response generated by an IDVT identity service provider, using identity document validation technology, when undertaking identity verification with respect to a person;]

[F4 “IDVT identity service provider” means a person that provides identity verification services using identity document validation technology;]

“immigration rules” has the same meaning as in section 33 of the Immigration Act 1971(3);

[F3 “online right to work check” means the response generated by the Home Office online right to work checking service in relation to a person;]

“Positive Verification Notice” means a document issued by the Home Office Employer Checking Service which indicates that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in question;

“registration certificate” means a certificate issued to a national of an EEA state or Switzerland as proof of the holder’s right of residence in the United Kingdom as at the date of issue;

[F4 “relevant IDVT document” means a document falling within the description in paragraph 1 or 1A of Schedule 1 and which has not expired;]

“relevant person” means a person required to comply with these Regulations by virtue of an illegal working compliance order;

“residence card” means a card issued to a person who is not a national of an EEA state or Switzerland as proof of the holder’s right of residence in the United Kingdom as at the date of issue.

Textual Amendments

F1 Words in reg. 2 substituted (28.1.2019) by The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 (S.I. 2018/1340), arts. 1, 3(2)(b)

F2 Words in reg. 2 inserted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 5(2)

F3 Words in reg. 2 inserted (28.1.2019) by The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 (S.I. 2018/1340), arts. 1, 3(2)(a)

F4 Words in reg. 2 inserted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 10(2)

Commencement Information

I1 Reg. 2 in force at 1.12.2016, see reg. 1(2)

(1)

2007 c. 30.

(2)

S.I. 2006/1003. Regulation 15A was inserted by S.I. 2012/1547 and was amended by S.I. 2012/2560, S.I. 2013/3032 and S.I. 2015/694.

(3)

1971 c. 77.