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The Immigration (Restrictions on Employment) Order 2007
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- 2007 No. 3290
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This version of this Instrument contains provisions that are prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Immigration (Restrictions on Employment) Order 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- schedule am by S.I. 2009/2908 arts 2 4
- Sch. coming into force by S.I. 2007/3290 art. 1
- Sch. List A para. 4A-4C inserted by S.I. 2021/689 art. 4(5)(b)
- Sch. List B Pt. 1 para. 3A-3C inserted by S.I. 2021/689 art. 4(6)(b)
- Sch. List B Pt. 2 para. 1A 1B inserted by S.I. 2021/689 art. 4(7)(b)
- Sch. List B Pt. 2 para. 1AA inserted by S.I. 2022/242 reg. 3(5)(c)(i)
- Sch. List A para. 13 omitted by S.I. 2014/1183 art. 8(g)
- Sch. List A para. 2-4 omitted by S.I. 2021/689 art. 4(5)(a)
- Sch. List B Pt. 1 para. 3 omitted by S.I. 2021/689 art. 4(6)(a)
- Sch. List B Pt. 2 para. 1 omitted by S.I. 2021/689 art. 4(7)(a)
- Sch. List A para. 4A omitted by S.I. 2022/242 reg. 3(5)(a)(iii)
- Sch. List A para. 5 omitted by S.I. 2022/242 reg. 3(5)(a)(v)
- Sch. List B Pt. 1 para. 2 omitted by S.I. 2022/242 reg. 3(5)(b)
- Sch. List B Pt. 1 para. 3A omitted by S.I. 2022/242 reg. 3(5)(b)
- Sch. List B Pt. 1 para. 3C omitted by S.I. 2022/242 reg. 3(5)(b)
- Sch. List B substituted by S.I. 2014/1183 art. 9
- Sch. List A para. 4B substituted by S.I. 2022/242 reg. 3(5)(a)(iv)
- Sch. List B Pt. 2 para. 1B substituted by S.I. 2022/242 reg. 3(5)(c)(ii)
- Sch. para. 9 word substituted by S.I. 2018/1340 art. 2(10)(b)(i)
- Sch. List A para. 1 words inserted by S.I. 2022/242 reg. 3(5)(a)(i)
- Sch. words omitted by S.I. 2014/1183 art. 7
- Sch. List A para. 1 words omitted by S.I. 2014/1183 art. 8(a)
- Sch. List A para. 3 words omitted by S.I. 2014/1183 art. 8(c)(i)
- Sch. List A para. 3 words omitted by S.I. 2014/1183 art. 8(c)(ii)
- Sch. para. 8 words omitted by S.I. 2018/1340 art. 2(10)(a)
- Sch. para. 9 words omitted by S.I. 2018/1340 art. 2(10)(b)(ii)
- Sch. List A para. 1 words omitted by S.I. 2022/242 reg. 3(5)(a)(ii)
- Sch. List A para. 2 words substituted by S.I. 2014/1183 art. 8(b)
- Sch. List A para. 5 words substituted by S.I. 2014/1183 art. 8(d)
- Sch. List A para. 6 words substituted by S.I. 2014/1183 art. 8(e)
- Sch. List A para. 7 words substituted by S.I. 2014/1183 art. 8(f)
- Sch. Pt. 2 para. 1 words substituted by S.I. 2018/1340 art. 2(11)
- Sch. 1 List B para. 5A inserted by S.I. 2012/1547 Sch. 2 para. 4(b)
- Sch. 1 List B para. 4 words inserted by S.I. 2012/1547 Sch. 2 para. 4(a)
- art. 1 coming into force by S.I. 2007/3290 art. 1
- art. 2 coming into force by S.I. 2007/3290 art. 1
- art. 2 words inserted by S.I. 2018/1340 art. 2(2)
- art. 2 words inserted by S.I. 2021/689 art. 4(2)
- art. 2 words inserted by S.I. 2022/242 reg. 3(2)
- art. 2 words inserted by S.I. 2022/242 reg. 8(2)
- art. 3 coming into force by S.I. 2007/3290 art. 1
- art. 3(1) words substituted by S.I. 2018/1340 art. 2(3)(a)
- art. 3(1)(a) words omitted by S.I. 2018/1340 art. 2(3)(b)
- art. 3(2) omitted by S.I. 2018/1340 art. 2(3)(c)
- art. 3A inserted by S.I. 2022/242 reg. 8(3)
- art. 4 coming into force by S.I. 2007/3290 art. 1
- art. 4 4A substituted for art. 4 by S.I. 2014/1183 art. 3
- art. 4(1)(a) words omitted by S.I. 2018/1340 art. 2(4)(a)
- art. 4(3) words inserted by S.I. 2018/1340 art. 2(4)(b)
- art. 4A(1)(a)(i) word inserted by S.I. 2022/242 reg. 3(3)
- art. 4A(1)(a)(i) words omitted by S.I. 2018/1340 art. 2(5)
- art. 4A(1)(a)(i) words substituted by S.I. 2021/689 art. 4(3)
- art. 4B inserted by S.I. 2018/1340 art. 2(6)
- art. 4B(2) substituted by S.I. 2023/12 reg. 2(2)(a)
- art. 4B(3) words substituted by S.I. 2023/12 reg. 2(2)(b)
- art. 4B(4) omitted by S.I. 2021/689 art. 4(4)
- art. 5 coming into force by S.I. 2007/3290 art. 1
- art. 5 words inserted by S.I. 2018/1340 art. 2(7)(c)
- art. 5 words substituted by S.I. 2014/1183 art. 4(a)
- art. 5 words substituted by S.I. 2014/1183 art. 4(b)
- art. 5 words substituted by S.I. 2018/1340 art. 2(7)(a)
- art. 5 words substituted by S.I. 2018/1340 art. 2(7)(b)
- art. 5A inserted by S.I. 2022/242 reg. 8(4)
- art 6 am by S.I. 2009/2908 arts 2 3
- art. 6 coming into force by S.I. 2007/3290 art. 1
- art 6 rev in pt by S.I. 2009/2908 arts 2 3
- art. 6 words substituted by S.I. 2014/1183 art. 5(2)(a)
- art. 6(a) words inserted by S.I. 2014/1183 art. 5(2)(b)
- art. 6(f) words omitted by S.I. 2014/1183 art. 5(2)(c)
- art. 6(g) words omitted by S.I. 2014/1183 art. 5(2)(d)
- art. 6(g)(i) omitted by S.I. 2014/1183 art. 5(2)(e)
- art. 6(h) omitted by S.I. 2014/1183 art. 5(2)(f)
- art. 6(1) art. 6 renumbered as art. 6(1) by S.I. 2014/1183 art. 5(1)
- art. 6(1)(b) word inserted by S.I. 2018/1340 art. 2(8)(a)(i)
- art. 6(1)(c) words omitted by S.I. 2018/1340 art. 2(8)(a)(ii)
- art. 6(1)(d) words omitted by S.I. 2018/1340 art. 2(8)(a)(ii)
- art. 6(1)(e) words omitted by S.I. 2018/1340 art. 2(8)(a)(ii)
- art. 6(1)(f) word inserted by S.I. 2018/1340 art. 2(8)(a)(i)
- art. 6(1)(g) word inserted by S.I. 2018/1340 art. 2(8)(a)(i)
- art. 6(2) inserted by S.I. 2014/1183 art. 5(2)(g)
- art. 6(2) words omitted by S.I. 2018/1340 art. 2(8)(b)
- art. 6A inserted by S.I. 2022/242 reg. 8(5)
- art. 7 coming into force by S.I. 2007/3290 art. 1
- art. 7 words inserted by S.I. 2018/1340 art. 2(9)(a)
- art. 7 words substituted by S.I. 2014/1183 art. 6
- art. 7 words substituted by S.I. 2018/1340 art. 2(9)(b)
- art. 8 coming into force by S.I. 2007/3290 art. 1
- art. 9 coming into force by S.I. 2007/3290 art. 1
- art. 10 coming into force by S.I. 2007/3290 art. 1
- art. 11 coming into force by S.I. 2007/3290 art. 1
- art. 11 12 substituted by S.I. 2022/242 reg. 3(4)
- art. 11 substituted by S.I. 2024/78 art. 2(2)
- art. 12 coming into force by S.I. 2007/3290 art. 1
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. List A para. 4A-4C inserted by S.I. 2021/689 art. 4(5)(b)
- Sch. List B Pt. 1 para. 3A-3C inserted by S.I. 2021/689 art. 4(6)(b)
- Sch. List B Pt. 2 para. 1A 1B inserted by S.I. 2021/689 art. 4(7)(b)
- Sch. List B Pt. 2 para. 1AA inserted by S.I. 2022/242 reg. 3(5)(c)(i)
- Sch. List A para. 13 omitted by S.I. 2014/1183 art. 8(g)
- Sch. List A para. 2-4 omitted by S.I. 2021/689 art. 4(5)(a)
- Sch. List B Pt. 1 para. 3 omitted by S.I. 2021/689 art. 4(6)(a)
- Sch. List B Pt. 2 para. 1 omitted by S.I. 2021/689 art. 4(7)(a)
- Sch. List A para. 4A omitted by S.I. 2022/242 reg. 3(5)(a)(iii)
- Sch. List A para. 5 omitted by S.I. 2022/242 reg. 3(5)(a)(v)
- Sch. List B Pt. 1 para. 2 omitted by S.I. 2022/242 reg. 3(5)(b)
- Sch. List B Pt. 1 para. 3A omitted by S.I. 2022/242 reg. 3(5)(b)
- Sch. List B Pt. 1 para. 3C omitted by S.I. 2022/242 reg. 3(5)(b)
- Sch. List A para. 4B substituted by S.I. 2022/242 reg. 3(5)(a)(iv)
- Sch. List B Pt. 2 para. 1B substituted by S.I. 2022/242 reg. 3(5)(c)(ii)
- Sch. List A para. 1 words inserted by S.I. 2022/242 reg. 3(5)(a)(i)
- Sch. List A para. 1 words omitted by S.I. 2014/1183 art. 8(a)
- Sch. List A para. 3 words omitted by S.I. 2014/1183 art. 8(c)(i)
- Sch. List A para. 3 words omitted by S.I. 2014/1183 art. 8(c)(ii)
- Sch. List A para. 1 words omitted by S.I. 2022/242 reg. 3(5)(a)(ii)
- Sch. List A para. 2 words substituted by S.I. 2014/1183 art. 8(b)
- Sch. List A para. 5 words substituted by S.I. 2014/1183 art. 8(d)
- Sch. List A para. 6 words substituted by S.I. 2014/1183 art. 8(e)
- Sch. List A para. 7 words substituted by S.I. 2014/1183 art. 8(f)
- Sch. Pt. 2 para. 1 words substituted by S.I. 2018/1340 art. 2(11)
- Sch. 1 List B para. 5A inserted by S.I. 2012/1547 Sch. 2 para. 4(b)
- Sch. 1 List B para. 4 words inserted by S.I. 2012/1547 Sch. 2 para. 4(a)
- art. 3A inserted by S.I. 2022/242 reg. 8(3)
- art. 4 4A substituted for art. 4 by S.I. 2014/1183 art. 3
- art. 4(3) words inserted by S.I. 2018/1340 art. 2(4)(b)
- art. 4A(1)(a)(i) word inserted by S.I. 2022/242 reg. 3(3)
- art. 4A(1)(a)(i) words omitted by S.I. 2018/1340 art. 2(5)
- art. 4A(1)(a)(i) words substituted by S.I. 2021/689 art. 4(3)
- art. 4B inserted by S.I. 2018/1340 art. 2(6)
- art. 4B(2) substituted by S.I. 2023/12 reg. 2(2)(a)
- art. 4B(3) words substituted by S.I. 2023/12 reg. 2(2)(b)
- art. 4B(4) omitted by S.I. 2021/689 art. 4(4)
- art. 5A inserted by S.I. 2022/242 reg. 8(4)
- art. 6(h) omitted by S.I. 2014/1183 art. 5(2)(f)
- art. 6(1) art. 6 renumbered as art. 6(1) by S.I. 2014/1183 art. 5(1)
- art. 6(1)(b) word inserted by S.I. 2018/1340 art. 2(8)(a)(i)
- art. 6(1)(c) words omitted by S.I. 2018/1340 art. 2(8)(a)(ii)
- art. 6(1)(d) words omitted by S.I. 2018/1340 art. 2(8)(a)(ii)
- art. 6(1)(e) words omitted by S.I. 2018/1340 art. 2(8)(a)(ii)
- art. 6(1)(f) word inserted by S.I. 2018/1340 art. 2(8)(a)(i)
- art. 6(1)(g) word inserted by S.I. 2018/1340 art. 2(8)(a)(i)
- art. 6(2) inserted by S.I. 2014/1183 art. 5(2)(g)
- art. 6(2) words omitted by S.I. 2018/1340 art. 2(8)(b)
- art. 6A inserted by S.I. 2022/242 reg. 8(5)
Prospective
Citation, commencement and interpretationU.K.
1. This order may be cited as the Immigration (Restrictions on Employment) Order 2007 and shall come into force on 29 February 2008.
Commencement Information
I1Art. 1 in force at 29.2.2008, see art. 1
2. In this order—
“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006; and
“document” means an original document.
Commencement Information
I2Art. 2 in force at 29.2.2008, see art. 1
Excuse from paying civil penaltyU.K.
3.—(1) To the extent provided for by paragraph (2) an employer is excused from paying a penalty under section 15 of the 2006 Act if —
(a)the employee or prospective employee produces to the employer any of the documents or combinations of documents described in list A in the Schedule to this Order; and
(b)the employer complies with the requirements set out in article 6 of this order.
(2) An employer will be excused under this article from paying a penalty under section 15 of the 2006 Act—
(a)for the duration of the employment, if the document or combination of documents is produced prior to the commencement of employment; or
(b)subject to article 5, for the remainder of the employment, if the document or combination of documents is produced after the employment has commenced.
Commencement Information
I3Art. 3 in force at 29.2.2008, see art. 1
4.—(1) To the extent provided for by paragraph (2) an employer is excused from paying a penalty under section 15 of the 2006 Act if —
(a)the employee or prospective employee produces to the employer any of the documents or combination of documents described in list B in the Schedule to this Order; and
(b)the employer complies with the requirements set out in article 6 of this Order.
(2) Subject to article 5 an employer will be excused under this article from paying a penalty under section 15 of the 2006 Act for a period of twelve months, beginning with the date on which the employee produced the document or combination of documents.
Commencement Information
I4Art. 4 in force at 29.2.2008, see art. 1
5. An employer is excused from paying a penalty under section 15 of the 2006 Act by virtue of article 3(2)(b) and article 4(2) only if prior to the commencement of employment the employee produced to the employer any of the documents or combination of documents described in the Schedule to this Order.
Commencement Information
I5Art. 5 in force at 29.2.2008, see art. 1
6. The requirements in relation to any documents or combinations of documents produced by an employee pursuant to articles 3 or 4 of this order are that—
(a)the employer takes all reasonable steps to check the validity of the document;
(b)the copy or copies are retained securely by the employer for a period of not less than two years after the employment has come to an end;
(c)if a document contains a photograph, the employer has satisfied himself that the photograph is of the prospective employee or employee;
(d)if a document contains a date of birth, the employer has satisfied himself that the date of birth is consistent with the appearance of the prospective employee or employee;
(e)the employer takes all other reasonable steps to check that the prospective employee or employee is the rightful owner of the document;
(f)if the document is not a passport or other travel document the employer retains a copy of whole of the document in a format which cannot be subsequently altered; and
(g)if the document is a passport or other travel document, the following pages of that document are copied in a format which cannot be subsequently altered—
(i)the front cover;
(ii)any page containing the holder’s personal details including nationality;
(iii)any page containing the holder’s photograph;
(iv)any page containing the holder’s signature;
(v)any page containing the date of expiry; and
(vi)any page containing information indicating the holder has an entitlement to enter or remain in the UK and undertake the work in question.
Commencement Information
I6Art. 6 in force at 29.2.2008, see art. 1
7. Nothing in this Order permits employers to retain documents produced by an employee for the purposes of articles 3 or 4 for any period longer than is necessary for the purposes of ensuring compliance with article 6.
Commencement Information
I7Art. 7 in force at 29.2.2008, see art. 1
ObjectionsU.K.
8. The manner prescribed in which the notice of objection must be given is that it must contain—
(a)the reference number of the notice given under section 15(2) of the 2006 Act;
(b)the name and contact address of the employer;
(c)the name and contact address of the employee in respect of whom the penalty was issued;
(d)the full grounds of objection;
(e)where the employer requests permission to pay by instalments, full details of the employer’s ability to pay the penalty;
(f)confirmation and details of any appeal made by the employer to a County Court or Sheriff Court on the basis that the employer is not liable to the penalty, he is excused payment by virtue of section 15(3) of the 2006 Act, or that the amount of the penalty is too high; and
(g)any documents to be relied upon in support of the objection.
Commencement Information
I8Art. 8 in force at 29.2.2008, see art. 1
9. The prescribed period within which a notice of objection must be given for the purposes of section 16(3)(d) of the 2006 Act is 28 days, beginning with the date specified in the penalty notice as the date upon which it is given.
Commencement Information
I9Art. 9 in force at 29.2.2008, see art. 1
10. The period prescribed for the purposes of section 16(5)(b) of the 2006 Act within which the Secretary of State must inform the objector of his decision is 28 days, beginning with the date on which the notice of objection was given to the Secretary of State.
Commencement Information
I10Art. 10 in force at 29.2.2008, see art. 1
Codes of PracticeU.K.
11. The code of practice entitled “Civil Penalties for Employers”, issued by the Secretary of State under section 19(1) of the 2006 Act shall come into force on 29 February 2008.
Commencement Information
I11Art. 11 in force at 29.2.2008, see art. 1
12. The code of practice entitled “Guidance for Employers on the Avoidance of Unlawful Discrimination in Employment Practice While Seeking to Prevent Illegal Working”, issued by the Secretary of State under section 23(1) of the 2006 Act shall come into force on 29 February 2008.
Commencement Information
I12Art. 12 in force at 29.2.2008, see art. 1
Liam Byrne
Minister of State
Home Office
15th November 2007
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