New Guidance on Preventing Illegal Working in the UK - | Hudson McKenzie


New Guidance on Preventing Illegal Working in the UK

June 7, 2012 | News

The UK Border Agency has published a new guidance on preventing illegal working. The guidance can be accessed by clicking the following link.

The Preventing Illegal Working guidance is intended to assist employers in carrying out right to work checks by providing information on which documents are acceptable when proving a right to work and helping employers understand what is expected of them.

Employers who do not carry out these checks and are found employing workers illegally could be fined £10,000 for each illegal worker or face up to two years in prison.

This version of the guidance encompasses the following changes:

  • More information relating to Biometric Residence Permits, specifically with regards to those that show a holder has indefinite leave to stay in the UK.
  • Information on the various work restrictions placed on students from outside the EEA.
  • The impact of civil penalties when applying for a sponsor licence or on licensed sponsors.
  • Best practice recommendations when carrying out document checks.

This guidance also contains information relating to A8 nationals, as restrictions to nationals of those countries no longer apply. It also contains more comprehensive information on employing A2 (Bulgarian and Romanian) nationals.

For further information on the above or how we can assist you in complying with the relevant immigration laws, please get in touch with Rahul Batra, Director and Head of Department at or call on +44 (0)20 3553 7711.