The Illegal Working Compliance Orders Regulations 2016

Right to work checks: general requirements U.K.

6.—(1) The requirements of this regulation are that—

(a) the relevant person takes all reasonable steps to check the validity of the document and retains a record of the date on which any check was made;

(b) a [F1 clear] copy of that document or combination of documents is retained securely by the relevant person for the period during which the illegal working compliance order is in force;

(c) if a document contains a photograph purporting to be of the employee, the relevant person has satisfied himself that the photograph is of the employee;

(d) if a document contains a date of birth purporting to relate to the employee, the relevant person has satisfied himself that the date of birth is consistent with the appearance of the employee;

(e) the relevant person takes all other reasonable steps to verify that the employee is the rightful holder of the document;

(f) if the document is not a passport, the relevant person retains a [F2 clear] copy of the whole of the document;

(g) if the document is a passport, the relevant person retains a [F3 clear] copy of the following pages of that document—

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

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

(iii) any page containing the holder’s signature;

(iv) any page containing the date of expiry; and

(v) any page containing information indicating the holder has an entitlement to enter or remain in the United Kingdom and undertake the work in question.

(2) A further requirement, if the employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the United Kingdom, is that the relevant person must—

(a) require the employee to provide details of the term and vacation dates of the course that the employee is undertaking; and

(b) retain a record of these details.

Textual Amendments

F1 Word in reg. 6(1)(b) 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(5)

F2 Word in reg. 6(1)(f) 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(5)

F3 Word in reg. 6(1)(g) 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(5)

Commencement Information

I1 Reg. 6 in force at 1.12.2016, see reg. 1(2)