The UK Border Agency has recently issued new guidance for
employers on the Prevention of Illegal Working. We have also seen an
increase in audits carried out by the UKBA, both pre-arranged and
unannounced. Therefore, it is essential for all employers to ensure
that your illegal working checks are being carried out in
accordance with your obligations. Employers must conduct the checks
before an individual begins working, and keep records of the
required documentation, see previous
Law-Now for details.
The evidence required to order to rely on the statutory excuse is
not always straightforward. For example, the new Guidance clarifies
the policy in relation to Indefinite Leave to Remain (ILR)
endorsements. It confirms that an ILR stamp in an expired passport
can be accepted as satisfactory evidence of right to work. However,
this is not the case with the Right of Abode. A certificate of
entitlement to the Right of Abode is only acceptable as evidence of
the right
