Last week we saw the British Government send out a strong message to UK businesses to ensure compliance with the strict UK immigration rules to prevent illegal working by introducing new civil penalties.

Under the new measures which are scheduled to be introduced in February 2008, any UK employer who negligently hires illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers are found to have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison.

Everyone who applies for a new job should be required to produce their birth certificate and/or their original passport as part of a tough new plan to identify illegal immigrants. Even employers who report a worker they suspect is illegal could be hit with a fine of thousands of pounds under the new proposals.

In a recent statement, the Immigration Minister, Mr Liam Byrne said: "We are trying to create a much more hostile environment in this country if you are here illegally.We have to make Britain much less of an attractive place if you are going to come here and break the rules."

Employers must request everyone who applies for a job to produce official papers, i.e., original birth certificate or passport and not only those who look for sound foreign to avoid being accused of racial discrimination. Therefore everyone who applies for a job will have to produce official papers proving their nationality and their right to work in the United Kingdom

Under the new proposals companies will be recommended to carry out checks on foreign employees at least every 12 months to ensure compliance with their immigration status.
By way of example, companies should check that they are not employing Students and Working Holidaymakers beyond the specified time as set by the Immigration Rules.

Further, Spouses/Partners of migrants who have a UK immigration employment document are allowed to take up employment, on the basis that the couple are still in a committed relationship and co-habiting; and the holder of the immigration employment document is in the United Kingdom and the immigration employment document is valid.

The new proposals will impact on day to day operational HR issues, recruitment and business strategy. Managing the process will define how employers view the new measures: as a bureaucratic burden or a challenge?

At Active Immigration Solutions Limited we would be pleased to assist as necessary.