Refugees – The Right To Work. Find out the facts …
President Trump’s halt on the US refugee programme has sparked global protest and criticism. Startbucks have demonstrated their view by promising to hire 10,000 refugees globally over the next five years (City A.M). So what does that mean for UK businesses employing from this labour market?
Employers are breaking the law if they employ any person who does not have the right to work in the UK with fines of up to £20,000 (doubled from £10,000 in 2014) for each illegal worker and/or criminal prosecution.
Your duty under the Immigration, Asylum and Nationality Act 2006
Employers should check and keep copies of original, acceptable documents which form evidence of the right to work in the UK before any employee starts working for them. Conducting such checks only on new employees that ‘appear’ to be non-UK nationals presents a risk of not capturing appropriate evidence and discrimination, so evidence of the right to work in the UK should be acquired for all employees. If a person has a time limit on their documentation then employers should obtain new valid evidence before their expiry.
Right to Work Documents
Gov.uk is a very useful website for employers generally. It contains the Code of Practice on Preventing Illegal Working which lists the acceptable documentation that forms their defence if they do inadvertently employ an illegal immigrant. ‘List A’ contains the range of documents which may be accepted for checking purposes for a person who has a permanent right to work in the UK. ‘List B’ contains the range of documents which may be accepted for checking purposes for a person who has a temporary right to work in the UK.
Employers should refer to this website as the documents are updated from time to time, the last update was in May 2014. Contrary to popular belief, a National Insurance number on it’s own in any format does not provide acceptable evidence of right to work in the UK.
Asylum Seekers
Asylum seekers do not normally have the right to work in the UK and may only be lawfully employed if they have specifically had restrictions on them taking employment lifted via an application to the Home Office for permission to work.
An asylum seeker whose claim is successful is granted ‘refugee’ status. Refugees and those with humanitarian protection have no restrictions on the type of work they can do, as long as they continue to hold this qualifying status. Since 2005 most people recognised as refugees are only given permission to stay in the UK for five years and can have their case reviewed at any time. This makes it difficult for them to make decisions about their future, to find work and make definite plans for their life in the UK.
Volunteering may be undertaken by asylum seekers, as long as they are carrying out the work on behalf of a registered charity, voluntary organization or body that raises funds for either, or public sector organisation.
Syrian Asylum Seekers with Temporary Protection Visa
A large number of Syrians have conditional refugee status, which is given to asylum seekers who receive temporary protection from the government.
Anyone given refugee status in the UK will also have a National Insurance number, and is permitted to work at any skill level. The 20,000 Syrians that Prime Minister David Cameron has pledged to accept in the UK over the next five years will be given humanitarian protection status as refugees, and will therefore have the right to work.
They can stay for five years, have the right to work and access public funds. After five years they can apply to settle in the UK.
For those stuck in the process of making their claim for asylum, the situation is bleaker. Asylum seekers can only apply for permission to work if they have waited for over 12 months for an initial decision on their claim. Even then, permission to work only allows them to do jobs on the UK’s “shortage occupations list” which are specific fields in which there are staff shortfalls.
Right to work in the UK can be complex but, given the recently increased fines and prosecution structure (and therefore the importance placed on it by the government) it is vital for all employers to have and implement an effective new-starter process to ensure they are acting within the law.
