The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021

Citation, commencement and extent

1.—(1) This Order may be cited as the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021 and comes into force on 1st July 2021.

(2) This article and articles 4, 5, 6, 7 and 8 extend to the United Kingdom.

(3) Articles 2 and 3 extend to England and Wales.

Amendments to the Licensing Act 2003 (Personal licences) Regulations 2005

2.—(1) The Licensing Act 2003 (Personal licences) Regulations 2005(1) are amended as follows.

(2) For the form in Schedule 1, substitute the form in Schedule 1 to this Order.

Amendments to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005

3.—(1) The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(2) are amended as follows.

(2) For the form in Schedule 2, substitute the form in Schedule 2 to this Order.

(3) For the form in Schedule 6, substitute the form in Schedule 3 to this Order.

(4) For the form in Schedule 7, substitute the form in Schedule 4 to this Order.

Amendments to the Immigration (Restrictions on Employment) Order 2007

4.—(1) The Immigration (Restrictions on Employment Order) 2007(3) is amended as follows.

(2) In article 2, at the appropriate places, insert—

““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;”;

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

(3) In article 4A(1)(a)(i), for “paragraph 1” substitute “paragraph 1A, 1B”.

(4) In article 4B, omit paragraph (4).

(5) In List A in the Schedule—

(a) omit paragraphs 2 to 4;

(b) before paragraph 5, insert—

“4A.   A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.

4B.   A passport or passport card showing that the holder is a national of the Republic of Ireland.

4C.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules(4), Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008(5) or Appendix EU to the Isle of Man Immigration Rules(6) (as the case may be).”.

(6) In Part 1 of List B in the Schedule—

(a) omit paragraph 3;

(b) before paragraph 4, insert—

“3A.   A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.

3B.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain, under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).

3C.   A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(7).”.

(7) In Part 2 of List B in the Schedule—

(a) omit paragraph 1;

(b) before paragraph 2, insert—

“1A.   A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules(8) on or before 30th June 2021.

1B.   A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.”.

Amendments to the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

5.—(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014(9) is amended as follows.

(2) For article 4(b)(i)(cc), substitute—

“(cc) they have made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30th June 2021, or”.

(3) In article 5A(1)(a)(i), for the words “Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America”, substitute “a country listed in the Schedule to the Immigration (Leave to Enter and Remain) Order 2000(10)”.

(4) In List A(1) in the Schedule—

(a) after paragraph 1 insert—

“1A.   A passport or passport card showing that the holder is a national of the Republic of Ireland.

1B.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).”;

(b) omit paragraphs 2 to 4;

(c) in paragraph 5, for “permanent residence card (current or expired)” substitute, “current permanent residence card”.

(5) In List B in the Schedule, after paragraph 5, insert—

“6.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).

7.   A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Landlord Checking Service, showing that the holder has made an application for limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.

8.   A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”.

Amendments to the Illegal Working Compliance Orders Regulations 2016

6.—(1) The Illegal Working Compliance Orders Regulations 2016(11) are amended as follows.

(2) In Schedule 1—

(a) after paragraph 1, insert—

“1A.   A current or expired passport or passport card showing that the holder is a national of the Republic of Ireland.

1B.   A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.

1C.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).”;

(b) omit paragraphs 2 to 4.

(3) In Schedule 2—

(a) omit paragraph 3;

(b) before paragraph 4, insert—

“3A.   A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.

3B.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).

3C.   A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.

3D.   A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”.

Codes of Practice

7.  The revised code of practice entitled “Code of practice on preventing illegal working: Civil penalty scheme for employers”(12), issued by the Secretary of State under section 19(1) of the Immigration, Asylum and Nationality Act 2006 and laid in draft before Parliament on 10th June 2021, comes into force on 1st July 2021.

8.  The revised code of practice entitled “Code of practice on right to rent: civil penalty scheme for landlords and their agents”(13) issued by the Secretary of State under section 32(5) of the Immigration Act 2014 and laid in draft before Parliament on 10th June 2021, comes into force on 1st July 2021.

Chris Philp

Parliamentary Under Secretary of State

Home Office

9th June 2021