As an employer in the UK it’s your duty to carefully scrutinize the work visas of foreign nationals from countries outside the EU before they’re hired. Employers failing to make a reasonable attempt may be subject to prosecution, imposition of steep penalties and possibly even jail time. Without such checks, you may also be putting the welfare of your homeland in jeopardy.

What constitutes a reasonable attempt?

Employers are not expected to act as Immigration officials but they are expected to act as another set of eyes by helping to identify individuals who aren’t entitled to be living or working in the UK.

Section 8 of the Asylum and Immigration Act 1996 was amended in 2004 to include a procedure that employers must follow in order to protect themselves from criminal prosecution in the event they do hire an individual aged 16 and older who is subject to immigration control. Employers that fail to take advantage of this “defence” are subject to criminal prosecution whether they knowingly or unknowingly hire an illegal foreign national.

If you’re an employer and you fail to meet the conditions set forth in the Section 8 amendment you are breaking the law and you will find it hard to prove your innocence. So be sure to request for and check the appropriate documents and hire only those legally allowed to live and work in the UK.

That doesn’t sound hard to do yet time and again employers fail to request required documents or they fail to keep copies of these documents on file. Don’t let this happen. And remember, checking means more than asking prospective new hires to produce the necessary documents. It’s also up to you or the individual you designate to take time to compare the person to the documents.

Here’s what to do

Take a close look at the photo and then at the person who handed it to you. Look for similarities in facial details such as eye colour. Then glance at the birth date listed on the document and quickly calculate the candidate’s age. Does the number calculated seem reasonable when compared to the individual’s appearance? What about height and weight? Be sure to check expiry dates too. For a number of different reasons immigrants on visas often overstay their visits.

Don’t worry that you’re being over-cautious because that’s exactly what you’re doing. No official will fault you for that. Just be sure to repeat this process for all prospective new hires so you won’t be accused of discriminatory practices – another potentially serious problem for employers!

The consequences of not checking work visas

Anyone found guilty of not checking for appropriate and valid documentation can receive a penalty of up to £5,000 for each wrongfully employed individual. That’s a steep penalty, but it’s one that can be avoided.

Employers found guilty of such violations stand little chance that the employment Tribunal will decide in their favour if involved in a claim of racial discrimination in the future. That penalty from the past will be viewed negatively which may impact the chances of a positive outcome.

If you habitually fail to check work visas, as some employers do, you also risk having the Home Office and the police show up at your place of business early in the morning demanding to see your personnel files.

Use HR software for better document management

If you’re lucky enough to be using HR software, producing copies of your employees’ documents won’t be a problem no matter what time of day they’re requested. In fact, if the HR software incorporates document scanning, you can seat the nice officers at the nearest computer where they can spend as much time as they want browsing the files right on screen.

Using HR software instead of bulky paper files makes so much sense. With images of important documents saved right alongside images of your employees and their details, there’s less filing, less searching for lost paperwork and less chance of having to prove you really do take the Defence ordinance seriously!

Learn more at Hr Software Reviews and Madebymurphy.com

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