1. Immigration Act Taxi & Private Hire Driver & Operator Licensing Provisions Awareness Session October 2016

2. Agenda An overview of the compliance environment
An overview of ‘right to a licence’
How to conduct a right to a licence check
Home Office verification checks
Denied & revoked licences
Visa documents & work restrictions
Forgery Awareness

3. The Compliance Environment
Reduce illegal migrant population v
More Voluntary returns
Deterrent
Compliance
We are working with partners to remove incentives for people to enter and stay illegally in the UK.

4. Compliance environment – legislative measures
We have implemented a wide range of legislative measures to make it increasingly hard for illegal migrants to remain in the UK and to remove incentives for migrants to come to the UK illegally.
Immigration Act 2014
DVLA
Refuse and revoke driving licences
Landlords
No access to privately rented property
Banks
Refusal to open new current accounts
Immigration Act 2016
Landlords
Eviction measures
Banks
Closure of existing current accounts
Licences
Refuse and revoke alcohol and late night refreshment; and taxi and PHV licences
Civil Penalties
Raised maximum penalty to £20k for employing an illegal migrant
(through regulations laid in May 2014)

5. Illegal working measures in the Immigration Act 2016
New offence of working illegally, allowing the seizure of earnings as the proceeds of crime
Strengthened offence of employing an illegal worker, making it easier to prosecute, and increasing the maximum sentence from 2 to 5 years
New illegal working closure notice and compliance order, applied against businesses that repeatedly flout the law by employing illegal workers
Introduces immigration checks as part of licensing regimes in high risk sectors of taxis and PHVs, and alcohol and late night refreshment.

6. Right to a licence

7. What are the new provisions?
Section 37 and Schedule 5 of the Act embed immigration safeguards into existing licensing regimes. They:
Prohibit the issue of a driver or operator licence to someone who does not have the right to live and work in the UK.
Where someone has time-limited permission to work in the UK, less than the statutory period for a licence, the duration of the licence must not be any longer.
Immigration offences and penalties are added to the list of grounds on which licences can be suspended or revoked.
It is an offence not to return a licence where revoked on immigration grounds.

8. Why have we introduced these provisions?
Illegal working is a key driver of illegal immigration into the UK and supports people to stay in the UK when they have no permission to do so.
It is linked to exploitation of workers, tax evasion and other workplace compliance breaches.
The taxi sector is at risk from illegal working, due to high levels of self employment – meaning drivers are not subject to usual right to work checks as part of an employment relationship. Ensuring public safety is a priority.

9. Guidance
The Home Office is providing guidance to licensing authorities on
the new provisions. The guidance sets out:
What are the provisions?
Who is disqualified from holding a licence?
Who you conduct checks on and when
How to conduct checks: 3 step check, and acceptable documents
When to contact the Home Office as part of the checks
Eligibility of certain categories of migrant
Revocation of licences and their return
Providing information to the Home Office
Local Partnership Manager support

10. What do we mean by ‘right to a licence’?
A right to a licence in this context means that someone is not disqualified by their immigration status from holding a taxi or PHV operator’s or driver’s licence.
Someone is disqualified, and must not be issued a licence, if they are:
Unlawfully present in the UK
Not permitted to work, or
Permitted to work, but not as a taxi/private hire driver or operator.
A Licensing Authority discharges its duty by undertaking
an immigration check, as described in the guidance.

11. Right to a licence - Who do you conduct checks on, and when?
For all licence applications made on or after commencement, you must be satisfied that the applicant is not disqualified by their immigration status from holding a licence before the licence is issued, extended or renewed.
You may therefore carry out the check when the applicant first lodges their application or at a subsequent interview.
The checks are not retrospective. Once the provisions commence, you conduct a right to a licence check when the person next applies for a new licence, to extend or renew it.
For someone with limited permission to live and work in the UK, you must repeat this check each time. For someone without restrictions, such as a British citizen, you do not need to conduct a further check where you have evidence of their status.

12. Further impacts of immigration leave on a licence
An applicant must not only be able to work in the UK lawfully, but must be permitted to work as a taxi or PHV driver or operator.
The following categories are addressed in the guidance: entrepreneurs, students, skilled workers, asylum seekers, and EEA and non EEA nationals who are exercising Treaty Rights.
The licence length cannot exceed the applicant’s remaining period of lawful leave.
The licence will lapse if the holder’s lawful leave or permission to work ends.
Immigration offences & penalties are grounds to suspend or revoke licences. The licence must then be returned to the licensing authority.

13. How to Conduct a Check

14. Three step right to licence check
1. Obtain
Obtain original versions of one or more acceptable documents

15. Three step right to licence check
Check the document’s validity in the presence of the holder (in person or by video, but you must hold the original document)

16. Three step right to licence check
3. Copy
Make and retain a clear copy, and record the date the check was made

17. Home Office verification checks

18. Home Office Verification Checks
The Home Office’s Evidence and Enquiry Unit will verify an applicant’s immigration status to assist in determining whether the person is disqualified from holding a licence when:
You are presented with a Certificate of Application (CoA), which is less than six months old, indicating that work is permitted; or
The applicant is unable to provide any acceptable documents because they have an outstanding application, appeal or administrative review with the Home Office.

19. Evidence and Enquiry Proforma
Make sure you select ‘LA / Taxi Licensing’ as the Organisation / Requestor
Ensure all fields are completed where applicable to avoid request being rejected
Each request must be accompanied by a suitable justification:
s.37 & Sch.5 Immigration Act 2016
The pro-forma must be sent to:

20. Evidence and Enquiry Proforma
Add all known details for applicant in Section C
The information you can request is pre-determined in Section D by the details added in the Requestor tab
Current Status & Permission to Work boxes should be completed
Verification of a Certificate of Application should be requested here

21. Refused & revoked licences

22. Revocation of licences and their return
You may receive information from the Home Office or other sources which will lead you to review a licence on immigration grounds. This can include where their immigration status has changed, so they no longer have permission to work, or they have otherwise breached the UK’s immigration laws, for example employing illegal workers. The licence must be returned where it expires, has been suspended or revoked. Failure to do so can be an offence.

23. Providing information to the Home Office
When you refuse a licence application, or revoke it on immigration grounds, you are requested to provide the Home Office with that information. Complete the referral pro-forma (annexed to the guidance when published) and submit from a secure address. This information will allow us to take other enforcement action, as appropriate, including revoking someone’s UK driving licence.

24. Referral Form
Licensing Authorities are asked to complete a referral form for each driver or operator licence that is revoked or denied on immigration grounds
The form is automatically sent to the dedicated inbox once submitted.

25. Voluntary Returns Service
Dignified, timely, cost effective return
Direct access to the service –
Reduced rate phone number :
Option 1 – Voluntary Returns (over 18s)
Option 2 - Family Returns (including under 18s)
Option 3 – Assisted Returns
Lines are open pm and there is support for out of office hour calls
New website:
Eligibility criteria and single application form (for assisted return)
New address:
Financial package (for those who qualify), provided on a start card on departure;
Asylum cases up to £1500,
Families up to £2000 per family member
Reintegration provisions are available in 11 countries, provided by overseas partners,
Support in obtaining an Emergency Travel Document if required

26. Controlling Migration Fund (CMF)
The CMF was announced by the Home Secretary on 4th October It represents a joint commitment of £140m until 2020 by the Home Office and DCLG to tackle the effects of recent migration on local communities.
£100m of the Fund through DCLG will be open to LAs to bid for in order to deliver activities that they feel best address local needs.
£40m of the Fund will consist of Immigration Enforcement activity. IE will work with LAs and the LGA to understand the issues of a particular area which would benefit from IE activity, focusing initially on tacking rough sleeping and rogue landlords, and resource will be allocated as appropriate.
DCLG will be formally writing to LAs and issuing a Prospectus in due course which contains further detail about the Fund, the bidding process and how LAs can work with IE. Local leads will be in touch following issue of Prospectus.

27. Immigration awareness

28. Immigration awareness
European Economic Area (EEA) National
Non EEA Nationals
British passport holders
Non Visa nationals
Visa nationals
Direct Family Members
Extended Family Members
Leave to Enter / Remain
In-Time Application
Out of Time Application

29. Biometric Residence Permit

30. EEA Residence Cards (Biometric Format)
Family Member
EEA Residence Card: Permanent Residence

31. Work Restrictions
Tier 2: Skilled Workers
Tier 4: Students

32. Application Registration Cards: Asylum Seekers
Work Restrictions
Application Registration Cards: Asylum Seekers

33. Other immigration endorsements
Entry Clearance Visa
Residence Permit
No Time Limit / Indefinite Leave
Right of Abode

34. Support from your Local Partnership Manager (LPM)
LPMs are located across the UK
We are responsible for supporting partners across Government and the public and private sectors in immigration matters
We will continue to support you when the new 2016 Act provisions commence
We will provide you with advice on immigration rules and documents. We will not be able to verify someone’s status –Evidence and Enquiry Unit provide this service in the circumstances explained earlier.

35. Further information
Report Immigration Crime:
Evidence and Enquiry address:
Local Partnership Manager: [insert details]
ICE Team contact [if applicable]: