The Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014

Amendments to the Immigration (Restrictions on Employment) Order 2007

3.  For article 4 (excuse from paying civil penalty) substitute—

“4.— (1) To the extent provided for by paragraphs (2) and (3) 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 part 1 of 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 the period for which a document produced under paragraph (1)(a) provides that the employment is permitted.

(3) If, on the date on which the period specified in paragraph (2) expires, the employer is reasonably satisfied that the employee has an outstanding application to vary his leave to enter or remain in the United Kingdom or the employee has an appeal pending against a decision on that application, the employer will be excused from paying that penalty for a further period beginning with the date on which the period specified in paragraph (2) expires and ending—

(a) after 28 days, or

(b) if earlier, on the date on which the Secretary of State gives the employer written notice that the employee does not have the right to undertake the employment in question.

4A.— (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) either—

(i) the employee or prospective employee produces to the employer a document described in paragraph 1 or 2 of part 2 of list B in the Schedule to this Order and the employer obtains a Positive Verification Notice 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; or

(ii) the employer obtains a Positive Verification Notice 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; 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 six months, beginning with the date of the Positive Verification Notice obtained under paragraph (1)(a).”.