Polish workers

Moobag

I have just been asked by one of my clients about employing a polish worker.

He has asked me if there are any forms he needs to fill in for them like a UK Border Application for instance?

I am not sure and wondered if anyone had come across this, he is worried that he is employing this person illegally!

Thanks

whiterose

They will need a National Insurance number - obtainable from a Job Centre - as they will have to be put through the payroll and pay NICs and PAYE as normal, unless they have a exemption from paying Class 1 NICs. Further info on the HMRC website:

http://www.hmrc.gov.uk/guidance/cwg2chapter4.pdf

Jan

You may also find this link useful http://www.ukba.homeoffice.gov.uk/employers/preventingillegalworking/complyingwiththelaw/post280208/

We employed a Polish guy in my last job. He had been employed before and had a registration document /card so we could check his entitlemnet to work in this country.

Your client should make sure he isn't employing anyone illegallly - I think the penalty is up to £10k per person. Didn't some MP/Cabinet minister come unstuck with this earlier in the year?

Incidentally I think you have to treat everybody the same, so you are not accused of discrmination, so I used to ask any new employee for passport or other ID.

MILLY21

God bless SAGE newsletters;

To eliminate the risk of getting fined by the UKBA, it is extremely important that you consistently check the legality of all potential employees, regardless of where they come from.

You’re not expected to be an expert in spotting forged documents; just follow a simple three-step process to protect your business:

One: obtain all relevant documentation from List A or List B.
Two: Ensure you see the originals.
Three: take a copy of all necessary documents for your records.

Documents required for the purpose of establishing the statutory excuse

List A

This lists the documents/combinations of documents that show there are no time restrictions on the person’s ability to take up employment in the UK.

1. An ID card (issued to the holder under the Identity Cards Act 2006) or a passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.

2. An ID card (issued to the holder under the Identity Cards Act 2006), a national identity card or a passport which has the effect of identifying the holder, or a person named in the passport as the child of the holder, as a national of the European Economic Area or Switzerland.

3. A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the Border and Immigration Agency to a national of a European Economic Area country or Switzerland.

4. A permanent residence card issued by the Home Office or the Border and Immigration Agency to the family member of a national of a European Economic Area country or Switzerland.

5. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, or has no time limit on their stay in the United Kingdom.

6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.

7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

8. A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

9. A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

10. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

11. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

12. A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

13. A letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

Source: Schedule to The Immigration (Restrictions on Employment) Order 2007

Documents required for the purpose of establishing the statutory excuse

List B

This lists the documents/combinations of documents that show that there are restrictions on the length of time the person is allowed to stay in the UK.

1. A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question, provided that it does not require the issue of a work permit.

2. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.

3. A work permit or other approval to take employment issued by the Home Office or the Border and Immigration Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question, or a letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer confirming the same.

4. A certificate of application issued by the Home Office or the Border and Immigration Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than six months’ old when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service.

5. A residence card or document issued by the Home Office or the Border and Immigration Agency to a family member of a national of a European Economic Area country or Switzerland.

6. An Application Registration Card issued by the Home Office or the Border and Immigration Agency stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service.

7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question, when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

8. A letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question when produced in combination with an official document giving the person’s permanent national insurance number and their name issued by a Government agency or a previous employer.

Source: Schedule to The Immigration (Restrictions on Employment) Order 2007