The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018

Amendments to the Illegal Working Compliance Orders Regulations 2016

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

(2) In regulation 2 (interpretation)—

(a) at the appropriate places, insert—

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

““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.”;

(b) for the definition of “employee”, substitute—

““employee”, except in regulations 4(2), 4(3), 5A(2) and 5A(3), includes a reference to a prospective employee”.

(3) In regulation 3 (obligation to conduct right to work checks), for “either regulation 4 or 5” substitute “any of regulations 4, 5 or 5A”.

(4) After regulation 5 (right to work checks: Positive Verification Notice), insert—

“Right to work checks: Home Office online right to work checking service

5A.— (1) A relevant person must—

(a) use the Home Office online right to work checking service in respect of an employee;

(b) obtain an online right to work check confirming that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question;

(c) be satisfied that any photograph on the online right to work check is of the employee;

(d) retain a clear copy of the online right to work check for a period of not less than two years after the employment has come to an end; and

(e) comply, if applicable, with the requirement in regulation 6(2).

(2) Where the online right to work check provides that the employment is permitted for a limited period, a relevant person is deemed to comply with this regulation for a further period if the relevant person is satisfied on reasonable grounds that—

(a) the employee has an outstanding application to vary his or her leave to enter or remain in the United Kingdom; or

(b) the employee has an appeal or administrative review pending against a decision on that application.

(3) In paragraph (2), the further period begins on the date on which the limited period expires and ends—

(a) after 28 days; or

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

(5) In regulation 6(1) (right to work checks: general requirements), in sub-paragraphs (b), (f) and (g), insert “clear” immediately before “copy”.

(6) In regulation 7 (obligation to produce documents to an immigration officer), for “either regulation 8 or 9” substitute “any of regulations 8, 9 or 9A”.

(7) In regulation 8 (documents to be produced to an immigration officer: general), insert “clear” immediately before “copy”, in each place where it appears.

(8) After regulation 9 (documents to be produced to an immigration officer: Positive Verification Notice), insert—

“Documents to be produced to an immigration officer: Home Office online right to work checking service

9A.   A relevant person must produce—

(a) a clear copy of the online right to work check; and

(b) 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, a document or clear copy of a document which records the details of the term and vacation dates of the course that the employee is undertaking.”.

(9) In regulation 10 (restriction on retention of documents)—

(a) after “employee”, insert “or the Home Office”;

(b) for “6 or 8”, substitute “6, 8, 9 or 9A”.

(10) In Schedule 1 (list of acceptable documents: right to work without time limit)—

(a) in paragraph 8, omit “full” and “which includes the name of at least one of the holder’s parents”;

(b) in paragraph 9—

(i) for “A full” substitute “An”;

(ii) omit “which includes the name of at least one of the holder’s adoptive parents”.

(1)

S.I. 2016/1058.