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

IDVT amendments: Immigration (Restrictions on Employment) Order 2007

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

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

““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;”;

““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;”;

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

““relevant IDVT document” means a document falling within the description in paragraph 1 or 4B of list A of the Schedule and which has not expired;”.

(3) After article 3 insert—

“3A.— (1) An employer is excused from paying a penalty under section 15 of the 2006 Act if the employer—

(a) obtains from an IDVT identity service provider an IDVT identity check which shows that there exists in relation to the employee a relevant IDVT document,

(b) receives from the IDVT identity service provider a clear copy of the IDVT identity check, and the document checked, in a format which cannot be subsequently altered,

(c) reasonably believes that the IDVT identity service provider has complied with the requirements set out in article 6A(1), and

(d) complies with the requirements set out in article 6A(2).

(2) This article is subject to article 5A.”.

(4) After article 5 insert—

“5A.   An employer is excused from paying a penalty under section 15 of the 2006 Act by virtue of article 3A(1) only if the requirements of article 3A(1) are satisfied before the commencement of employment (other than the requirement in paragraph (1)(d) in so far as it relates to article 6A(2)(b)).”.

(5) After article 6 insert—

“6A.— (1) The requirements mentioned in article 3A(1)(c) are, in relation to a relevant IDVT document produced for the purposes of an IDVT identity check in pursuance of article 3A(1)(a), that—

(a) the IDVT identity service provider takes all reasonable steps to check the validity of the document;

(b) the IDVT identity service provider records in a format that cannot be subsequently altered the date on which the check was carried out;

(c) the IDVT identity service provider is satisfied that the photograph is of the employee;

(d) the IDVT identity service provider is satisfied that the date of birth is consistent with the appearance of the employee;

(e) the IDVT identity service provider takes all reasonable steps to verify that the employee is the rightful holder of the document;

(f) where the document is a passport which is not in the form of a card, the IDVT identity service provider retains a clear copy of the following pages of that document in a format which cannot be subsequently altered—

(i) any page containing the holder’s personal details including nationality;

(ii) any page containing the holder’s photograph;

(iii) any page containing the date of expiry;

(g) where the document is a travel document in the form of a card, the IDVT identity service provider retains a clear copy of the whole of that document in a format which cannot be subsequently altered.

(2) The requirements mentioned in article 3A(1)(d) are that—

(a) the employer is satisfied that the photograph of the individual contained in the information received by the employer in accordance with article 3A(1)(b) is of the employee;

(b) the employer retains a clear copy of the IDVT identity check, and the document checked, for a period of not less than two years after the employment has come to an end.”.