Agency publishes summary guidance for employers

There is so much illegal working in the UK that it really is unbelievable. And rather than do anything to enforce the law according to the standards which are safe, all the UKBA can do is issue guideline upon guideline which its “officer” cadre is completely incapable of reading and following.

After the government’s stupid “immigration cap”, the great shame for the UK is that people who have been lawfully present here for decades (and have thus paid a great deal of money in tax) are now being routinely told by UKBA decision makers (who can neither read nor write it seems) to voluntarily go home or face forced removal. Article 8 ECHR considerations for private and family life are routinely stampeded by the agency’s legally illiterate staff’s disproportionate behaviour. In any self-respecting democracy a person’s lawful presence in a country for a long period of time, say 10 years, alone would suffice as grounds for citizenship.

But guess what? In the UK if you are a foreigner from a have not land in Africa, South America or Asia, the UKBA will pay some goons to remove you and maybe you will even die in the process. So who would want to stay?

The British just can’t stop their historically disgraceful behaviour. Every neighbourhood in every immigrant town in the UK has a list longer than the telephone book of poor foreigners who have been trampled upon by the British authorities in violation of British law. And then you’ll also see, meet and know the upstarts from the same countries who either have or seek to acquire “British nationality” notwithstanding the historic injustices created by Britain. How sad is it that educated individuals from nations such as India who its great leaders liberated from this silly island just want to be Her Majesty’s subjects again? No doubt, Indian nationalists such as Jinnah, Gandhi, Nehru and others would find this behaviour quite vile.

Recently Hamley’s on Regent Street was busted for having four illegal workers but this was only made possible by a grass up. The experienced immigration practitioner will know of all the hotspots where illegal work is ongoing.

Restaurants are the place for people working illegally. Most of the Indian restaurants in central London employ illegal workers and the same is true for Chinatown. Let’s not even mention Birmingham, Manchester and Leicester etc! But why is it that the UKBA catch illegal workers without acting on a tip off?

Mubenga: killed by UKBA and G4S

Are they just really being paid to make illegal decisions and sit around rather than concentrating on more important enforcement work? Are they just happy having used G4S to kill Jimmy Mubenga? Why is it that despite all the condemnation of their Kafkaesque decision making by the courts, the UKBA continues to behave illegally and gets away with it? It must be a cushy job to be employed by the home secretary to bully foreigners and act illegally in relation to minority rights.

What is most shameful is that there are scores of non-white officers who always make the bureaucratic point about “oh the agency this and oh the UKBA that!”. Disgusting stuff to say the very least.

Anyway i’ll try not to lose the plot! By virtue of sections 15-26 the Immigration Nationality and Asylum Act 2006 established a statutory regime setting out the standards which employers must adhere to when employing adults subject to immigration control in the UK.

Subsequently, the UKBA has published a series of guidance documents which explain the statutory provisions which must be followed by employers. The latest guidance issued in December 2010 is a summary document which is available here.

The guidance relates to a wide range of topics including the prevention of racial discrimination and employing students. The thrust of the document, however, relates to employers providing an excuse when they fall foul of the NIAA 2002 (which came into force on 29 February 2008).

The excuses which employers can rely on in explaining themselves are a List A excuse (“documents which provide an ongoing excuse”) and a List B excuse (“documents which provide an excuse for up to 12 months”). However, the agency has warned its “customers” that the new guidance is summary only and that employers remain bound by the comprehensive guidance for employers which was issued in November 2010.

The UKBA Employer Checking Service (ECS) has been established to specifically run checks on individuals’ right to work if:

  1. The individual has an outstanding application or appeal with the UK Border Agency; or
  2. The individual has presented an Application Registration Card (ARC) which states that the holder is entitled to work; or
  3. The individual has presented a Certificate of Application issued to or for a family member of an EEA or Swiss national which states that the holder is entitled to work.

Employers in the second and third category must run checks with the ECS if they want to rely on a statutory excuse to limit their liability.

If the checks are completed employers can avoid liability. Partial completion of the checks means that liability will be less than if no checks were conducted. In the worst case scenario an employer can be fined £10,000 per illegal worker. Employers can also be prosecuted under the criminal law and if tried on indictment and found guilty face a year’s prison sentence.

About Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Senior Partner, Khan & Co, Barristers-at-Law
This entry was posted in Article 8, Employment, Immigration Rules, Tier 1, Tier 2, UKBA, Uncategorized, Working and tagged , , , , . Bookmark the permalink.

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