Recruitment & Compliance Graeme Ross – Immigration & Compliance Manager

Right to Work checks All employers in the UK have a responsibility to ensure that all its employees and workers have the right to work in the UK before the employment commences. The University is no exception. Asylum and Immigration Act 1996 introduced the concept of right to work checks. Augmented over the years by the following legislation: Immigration and Asylum Act 1999 Immigration, Asylum and Nationality Act 2006 Immigration (Restrictions on Employment) Order 2007 (amended 2009, 2014 and 2016) Immigration Act 2016 We are not legally required to undertake the checks, but if we don’t there are a range of penalties if we are found to employ an illegal worker.

Right to Work Penalties Civil penalty: Negligent right to work practices £20,000 fine for each illegal worker found on our premises Incurring even one Civil penalty will jeopardise the University's Tier 2 and Tier 5 licence. If revoked, 700+ non-EEA employees are made instantly redundant and are forced to find another employer or leave UK in 60 days. Reputational damage to the University

Right to Work Penalties cont. Incurs a sentence of 5 years imprisonment and/or unlimited fine. No definition, as yet, of ‘reasonable cause to believe’ Provided you undertake a right to work check in the prescribed manner, known as ‘establishing a statutory excuse’, you can mitigate against incurring the above civil and/or criminal penalties. Criminal penalty: Knowingly or having ‘reasonable cause to believe’ you have employed illegal migrants

How to do checks Step 1 – Obtain the Document List A - http://www.jobs.cam.ac.uk/right/lista.html List B - http://www.jobs.cam.ac.uk/right/listb.html Step 2 – Check the Document Reasonable checks required. Key points are that it must : Be seen in the presence of the holder; Check photographs are consistent with holder Ensure expiry dates have not passed No evident tampering

How to do checks cont. Step 3 – Copy the Document Can only be certified by a University employee. Third parties are prohibited. Best Practice verification: “I confirm that this is a true copy of the original, taken on [DATE AND TIME]” If taken on first day of work, must show it was taken before work commenced i.e. separate Welcome Letter or e-mail verification Biometric Residence Permits – both sides must be copied

RTW checks - notable issues No requirement to take a copy of the front cover of the passport. Annual checks abolished. For new appointments, we cannot accept a valid visa inside an expired passport as valid evidence of right to work. This does not affect current employees. Students with a Tier 4 visa – must also complete HR35 alongside document checks. Restricted to 20 hours a week in term time; full time in vacation periods. University imposes greater work restrictions on own students. Visitors/Volunteers – covered by separate right to work policies. Normally exempted if activity is less that 30 days. For staff on time-limited visas – Compliance Team will advise of expiry date, and action to be taken

Brexit – EU/EEA nationals and RTW checks ‘Deal’ or ‘no-deal’, EU/EEA and Swiss nationals will be able to evidence their right to work by way of their passport or ID card, as they can now Applicable to new arrivals and current residents.

Training Also available through PPD: Immigration and Recruitment: Helping You Get It Right – http://www.training.cam.ac.uk/cppd/event/1162633 Disclosure and Barring Service Checks and Recruitment Practices – http://www.training.cam.ac.uk/cppd/event/1328485

Questions