UK Employers Obligations

UK employers must ensure that when recruiting all new employees that they comply with the requirements of the Asylum and Immigration Act 1996.

The Government announced on 16 March 2004 changes to be made to section 8 of the Asylum and Immigration Act 1996: the law for employers on preventing illegal working. These came into force on 1 May 2004.

Section 8 of the Asylum and Immigration Act 1996 makes it a criminal offence to employ someone who has no right to work in the UK or no right to do the work being offered. It also gives employers a statutory defence against convictions for employing an illegal worker provided that the employer carries out the correct document checks and procedures.

We can assist employers in reviewing their recruitment procedures at all levels to ensure compliance with the Act.

We can help employers in recruiting prospective employees by identifying whether or not it will be possible to obtain an immigration clearance or if an exemption is available for an overseas national.

We are then able to assist the employer in applying for and obtaining the relevant immigration clearance.