Statutory Instruments
2021 No. 689
Immigration
Licences And Licensing
The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021
Made
9th June 2021
Laid before Parliament
10th June 2021
Coming into force
1st July 2021
The Secretary of State makes the following Order in exercise of the powers conferred by sections 54 and 133(1) of the Licensing Act 2003(1), sections 15(3) and (7), 19(2) and (3) and 25(d) of the Immigration, Asylum and Nationality Act 2006(2), sections 24(2)(a), (7)(a) and (8), 26(2), (7)(a) and (8), 32(6)(b), 34(1) and 37(1) of the Immigration Act 2014(3) and paragraph 5(6)(b) and (c) of Schedule 6 to the Immigration Act 2016(4).
In accordance with section 19(2)(a) of the Immigration, Asylum and Nationality Act 2006, a draft revised code of practice specifying factors to be considered by the Secretary of State in determining the amount of a penalty imposed under section 15 of that Act has been laid before Parliament.
In accordance with section 32(6)(a) of the Immigration Act 2014, a draft revised code of practice for the purposes of Chapter 1 of Part 3 of that Act has been laid before Parliament.
Citation, commencement and extent
1.—(1) This Order may be cited as the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021 and comes into force on 1st July 2021.
(2) This article and articles 4, 5, 6, 7 and 8 extend to the United Kingdom.
(3) Articles 2 and 3 extend to England and Wales.
Amendments to the Licensing Act 2003 (Personal licences) Regulations 2005
2.—(1) The Licensing Act 2003 (Personal licences) Regulations 2005(5) are amended as follows.
(2) For the form in Schedule 1, substitute the form in Schedule 1 to this Order.
Amendments to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
3.—(1) The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005(6) are amended as follows.
(2) For the form in Schedule 2, substitute the form in Schedule 2 to this Order.
(3) For the form in Schedule 6, substitute the form in Schedule 3 to this Order.
(4) For the form in Schedule 7, substitute the form in Schedule 4 to this Order.
Amendments to the Immigration (Restrictions on Employment) Order 2007
4.—(1) The Immigration (Restrictions on Employment Order) 2007(7) is amended as follows.
(2) In article 2, at the appropriate places, insert—
““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;”;
““online right to work check” means the response generated by the Home Office online right to work checking service in relation to a person.”.
(3) In article 4A(1)(a)(i), for “paragraph 1” substitute “paragraph 1A, 1B”.
(4) In article 4B, omit paragraph (4).
(5) In List A in the Schedule—
(a)omit paragraphs 2 to 4;
(b)before paragraph 5, insert—
“4A. A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.
4B. A passport or passport card showing that the holder is a national of the Republic of Ireland.
4C. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules(8), Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008(9) or Appendix EU to the Isle of Man Immigration Rules(10) (as the case may be).”.
(6) In Part 1 of List B in the Schedule—
(a)omit paragraph 3;
(b)before paragraph 4, insert—
“3A. A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.
3B. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain, under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).
3C. A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(11).”.
(7) In Part 2 of List B in the Schedule—
(a)omit paragraph 1;
(b)before paragraph 2, insert—
“1A. A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules(12) on or before 30th June 2021.
1B. A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.”.
Amendments to the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014
5.—(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014(13) is amended as follows.
(2) For article 4(b)(i)(cc), substitute—
“(cc)they have made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30th June 2021, or”.
(3) In article 5A(1)(a)(i), for the words “Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America”, substitute “a country listed in the Schedule to the Immigration (Leave to Enter and Remain) Order 2000(14)”.
(4) In List A(1) in the Schedule—
(a)after paragraph 1 insert—
“1A. A passport or passport card showing that the holder is a national of the Republic of Ireland.
1B. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).”;
(b)omit paragraphs 2 to 4;
(c)in paragraph 5, for “permanent residence card (current or expired)” substitute, “current permanent residence card”.
(5) In List B in the Schedule, after paragraph 5, insert—
“6. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).
7. A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Landlord Checking Service, showing that the holder has made an application for limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.
8. A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”.
Amendments to the Illegal Working Compliance Orders Regulations 2016
6.—(1) The Illegal Working Compliance Orders Regulations 2016(15) are amended as follows.
(2) In Schedule 1—
(a)after paragraph 1, insert—
“1A. A current or expired passport or passport card showing that the holder is a national of the Republic of Ireland.
1B. A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.
1C. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).”;
(b)omit paragraphs 2 to 4.
(3) In Schedule 2—
(a)omit paragraph 3;
(b)before paragraph 4, insert—
“3A. A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.
3B. A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).
3C. A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.
3D. A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”.
Codes of Practice
7. The revised code of practice entitled “Code of practice on preventing illegal working: Civil penalty scheme for employers”(16), issued by the Secretary of State under section 19(1) of the Immigration, Asylum and Nationality Act 2006 and laid in draft before Parliament on 10th June 2021, comes into force on 1st July 2021.
8. The revised code of practice entitled “Code of practice on right to rent: civil penalty scheme for landlords and their agents”(17) issued by the Secretary of State under section 32(5) of the Immigration Act 2014 and laid in draft before Parliament on 10th June 2021, comes into force on 1st July 2021.
Chris Philp
Parliamentary Under Secretary of State
Home Office
9th June 2021
Article 2
SCHEDULE 1
Article 3
SCHEDULE 2
Article 3
SCHEDULE 3
Article 3
SCHEDULE 4
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes a number of changes to the documents which can be produced in order to evidence an individual’s right to work in the United Kingdom or enter into a tenancy agreement in England.
Articles 2 and 3 amend several of the Schedules to both the Licensing Act 2003 (Personal licences) Regulations 2005 (S.I. 2005/41) and the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42). The forms prescribed in those Schedules set out the detailed requirements relating to applications and notices given or made under Part 3 and Part 6 of the Licensing Act 2003 (c. 17). Articles 2 and 3 substitute new forms for those applications and notices, with updated references to documents to evidence an individual’s entitlement to work in the United Kingdom.
An employer is excused from paying a penalty under section 15 of the Immigration, Asylum and Nationality Act 2006 (c. 13) if the employee produces to the employer any of the documents described in the Schedule to the Immigration (Restrictions on Employment) Order 2007 (S.I. 2007/3290) (“the 2007 Order) and if the employer complies with the requirements prescribed under article 6 of that Order. Additionally, paragraph 5 of Schedule 6 to the Immigration Act 2016 (c. 19) empowers a court to make an illegal working compliance order to prevent an employer from employing an illegal worker. The Illegal Working Compliance Orders Regulations 2016 (S.I. 2016/1058) (“the 2016 Regulations”) prescribe the right to work checks which a court may require a person specified in an illegal working compliance order to carry out, and the documents which a court may require a person specified in an illegal working compliance order to produce to an immigration officer.
Articles 4 and 6 amend the 2007 Order and the 2016 Regulations to amend the list of documents which can give rise to a statutory excuse or which a court may require a person to produce to an immigration officer under the 2007 Order and the 2016 Regulations, respectively.
Chapter 1 of Part 3 of the Immigration Act 2014 (“the Act”) provides a statutory excuse for landlords and their agents from being required to pay a civil penalty if they conduct prescribed eligibility checks on prospective occupiers and those occupiers who are renewing their tenancy agreements. The Immigration (Residential Accommodation) Prescribed Requirements and Codes of Practice) Order 2014 (S.I. 2014/2874) (“the 2014 Order”) sets out the prescribed requirements for eligibility checks which must be complied with by landlords and agents when entering into a residential tenancy agreement.
Article 5 amends the 2014 Order to amend the list of documents which can give rise to a statutory excuse.
Article 7 provides for a revised code of practice to come into force on the same day as this Order comes into force, reflecting the changes made to the 2007 Order and the 2016 Regulations by this Order.
Article 8 provides for a revised code of practice to come into force on the same day as this Order comes into force, reflecting the changes made to the 2014 Order by this Order.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
S.I. 2005/41, amended by S.I. 2018/1381; there are other amendments which are not relevant to this Order.
S.I. 2005/42, amended by S.I. 2018/1381; there are other amendments which are not relevant to this Order.
S.I. 2007/3290, amended by S.I. 2009/2908, 2014/1183 and 2018/1340; there are other amendments which are not relevant to this Order.
The Jersey Immigration Rules are contained in directions made pursuant to section 1(4A) of the Immigration Act 1971 (c. 77) as extended to Jersey.
Guernsey Statutory Instrument 2008/26, as amended by G.S.I 2011/18, 2013/33, 2015/27, 2019/17 and the Same-Sex Marriage (Consequential and Miscellaneous Amendments and Contrary Provisions) (Guernsey) Ordinance 2017.
The Isle of Man Immigration Rules are made under section 3(2) of the Immigration Act 1971 as extended to the Isle of Man by the Immigration (Isle of Man) Order 2008 (S.I. 2008/680).
Appendix EU was laid before Parliament on 20th July 2018 (CM 9675).
S.I. 2014/2874, amended by S.I. 2016/9 and 2020/1047.
S.I. 2000/1161 amended by S.I. 2020/1353; there are other amendments which are not relevant to this Order.
S.I. 2016/1058, amended by S.I. 2018/1340.
A copy of this Code can be obtained from Home Office, Civil Penalty Compliance Team, PO BOX 665, Salford, M5 0LY 4DF and online at https://www.gov.uk/government/publications/illegal-working-penalties-codes-of-practice-for-employers-2018 .
A copy of this Code can be obtained from Home Office, Civil Penalty Compliance Team, PO BOX 665, Salford, M5 0LY 4DF and online at https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice.