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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I employ a Ukrainian National. I inherited her when I took

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I employ a Ukrainian National. I inherited her when I took over an existing business. I suspect that she is not in the country legally lathough she does have a National Insurance number. I am told that Ukrainians cannot work in England legally. Is this true? How can i check if she is here legally.
Hi
When did you the business?

Do you have a copy of her passport?

Tom
Customer: replied 4 years ago.

Hi I took over the business last year on October 6th, 2012. I do not have a copy of her passport.

Hi,

Did you use a solicitor for the business purchase?

Did they carry out checks on the employee's immigration status?

Did you ask the previous owner of the business about their status and what did they say?

Tom
Customer: replied 4 years ago.

I did use a Solicitor to take over the business. No he did not do a check. The people we took the business over from made no comment, and we are unable to contact them now. But I have a feeling that they would not have told us anyway. I have been told that they helped her to get a National Insurance Number - but I have no proof and I do not know how reliable my source is.

Hi

Thanks for your patience.

Ukranians are not EEA members state nationals. This means that they must have a visa in order to work here. This cannot be a visit visa of any form. Therefore, if they do not have a visa which states that they have leave to remain in the UK then they are illegally in the UK and also illegally working in the UK.

The first thing that you need to do is get here to verify her immigration status by showing you her passport stating that she has leave to remain in the UK. If she does not have leave to remain then she is illegally in the UK.

There are penalties for employers employing illegal immigration. You can potentially receive a fine of up to £10, 000.00 so it’s crucial that you establish her right to remain in the UK:-
https://www.gov.uk/penalties-for-employing-illegal-workers

I would perhaps query why the solicitor did not check the employers statement or at least ask the seller of the business about it.

If she verifies he right to remain in the UK then there is no problem.

If she is illegal then you should inform the UKBA immediately and explain that you did not wilfully employ an illegaly immigration providing details of the chronology of what has happened to show that you have raised this in good time and have not acted in a irresponsible way


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Kind regards,


Tom
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Customer: replied 4 years ago.

Hi, Since speaking to you, I have asked her to let me have sight of her passport. She has told me that she has lost her passport, but that she had a copy made of it before she lost it. She said she would bring the copy in for me to look at. ?????

You'll have to wait for a copym examine it and then take a view..
Customer: replied 4 years ago.

Since posing this question to you, I have spoken to the UK Border Agency. They say I am not allowed to accept copies of anything. They must be originals. :-(

Hi

I will only be able to answer tomorrow morning now unfortunately.

Tom
There's the answer to your question. I woudl state to them that she is only able to provide a copy at this moment in time. Advise her that she must apply for a replacement passport.

If she cannot verify her right to work with her passport then she cannot prove she is permitted to legally work.

Tom

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