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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Hello. Are we legally entitled as a employer to have a strict

Customer Question

Hello. Are we legally entitled as a employer to have a strict "no Visa, No job" policy ? In other words we are not discriminating fairly against those who can work in the UK with a visa?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : The requirements to prevent illegal working are contained in law and so do not amount to discrimination. It is illegal to employ a person who does not have a visa and there can be heavy financial penalties to the employer as a result. The onus is now on the employer to check the documents to see that the employee is entitled to work by law.
Awan-Legal : The law is as follows:
Awan-Legal : Section 8 of the Asylum and Immigration Act 1996 imposes an onus on employers to ensure that all employees are not in breach of the Immigration Rules. It also imposes sanctions on employees conform to the Immigration Rules - a £5000 fine for each employee in breach.United Kingdom employers should not be misled by the title of the Asylum and Immigration Act. Its purpose is not solely to control political asylum applicants but it is aimed at all immigrants into the United Kingdom. Previous legislation had proved to be inadequate. In an attempt to counteract the growing use of illegal workers and to provide effective sanctions,s.8 of the 1996 Act introduced a specific offence of employing person who is not permitted to work in the United Kingdom. For each employee, the employer is liable for a fine of £5000. In the event of the employer being a company, the person responsible for overall management may face persecution.Elements of the OffenceSection 8 (1) is quite clear that it is an offence for an employer to employ an employee when that employee is over 16 years old and that employee is subject to immigration control in the United Kingdom, and;(a) the employee has not been granted leave to enter or remain in the United Kingdom, or(b) the employee's leave is not valid and subsisting, or is subject to a condition precluding then from taking up the employment and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Secretary of State.
Awan-Legal : The amount of £5000 has now increased to up to £10,000.
Awan-Legal : If you are an employer in the United Kingdom you have a duty to ensure that your staff can work legally. If you cannot prove that your employee has the right to work in the United Kingdom, you could be liable for a penalty up to £10,000 per illegal worker. Both criminal and civil penalties may be applied to employers if they are unable to demonstrate that their employees have the right to work in the UK.
Awan-Legal : The UK Border Agency is currently very active in raiding business premises to check that you as an employer have the right documents to prove your employees have the right to work in the UK.
Awan-Legal : Thanks for your question. Please click accept on my answer.
Customer:

Hello

Customer:

Perhaps you did not understand the context of my question. My questions is more about whether I am entitled to conduct a company policy where I will not hire anyone who requires a VISA ie only those with a full right to work irrevocably and perpetually. Is my company in danger of discrimination if I conduct such a policy when seeking employees?

Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues.

My colleague is offline and I can assist.

You may certainly have a policy which requires prospective employees to show proof of their right to work in the UK before they start work e.g. at interview, you are legally obliged to so under the Immigration, Asylum and Nationality Act 2006

This will automatically weed out applicants who require work visas.

Hope this helps
Expert:  Awan-Legal replied 2 years ago.
HiI see; as stated earlier requirements to prevent illegal working are contained in law and so do not amount to discrimination. It is illegal to employ someone without a visa so it is not at all a problem if you have such a policy and would in fact be prudent to prevent illegal working and would not amount to discrimination since you are simply highlighting and complying with the law. However, the 'no visa, no job' policy would be fine but just to clarify the law is to prevent illegal working so those who have been issued with visa which has a right to work cannot be discriminated against. If someone is entitled to work less than 20 hours for example, you cannot exclude them from applying for a job but obviously if the job offered/advertised is for full time hours then they will not meet the selection criteria for the job.I hope that helps. Kindly click accept on my answer, thanks.
Customer: replied 2 years ago.
Can I have a "if you need a visa, no job, even if you have one". I;d like to avoid having the risk of people with visas and stay with perpetual and irrevocable rights to work which a visa clearly is not.
Expert:  Awan-Legal replied 2 years ago.
You would not be able to exclude those with a visa and rights to work from applying since the Home Office has given them permission to work, however, the policy where they have no visa at all is fine or no rights to work at all.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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