Employers now have to make annual checks on employees with a limited leave to remain in the UK to
make sure they are still entitled to work in the UK. The new requirement applies only to employees taken
on from 29 February 2008 and is part of a package of measures to prevent illegal working.
Since 1997, employers have had to check documents from one of two lists before taking on a new
employee, and this requirement continues. If the checks are undertaken correctly and evidence retained,
normally in the form of photocopies, the employer cannot be prosecuted if the employee turns out not to
have the right to work in the UK. For employees on time-limited visas who start work after 28 February
2008, this statutory defence will only last 12 months until they can show that they have an indefinite
right to work.
Employers who fail to check entitlement to work can be fined up to £10,000 for each illegal
worker and can face criminal prosecution for knowingly employing someone who is not allowed to work in the
UK.
The requirement to check documents applies to all new starters. Employers must avoid any
racial discrimination in their policies for status checks. The lists of acceptable documents are
maintained by the Border and Immigration Agency.
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