Employers can ask to see migrants’ ID cards

9 November 2009

Under a new Order that comes into force later this month, the Government is adding ID Cards to the list of documents that an employer may check when verifying a potential recruit's right to work in the UK.

The Immigration (Restrictions on Employment) (Amendment) Order 2009 will be effective from 24 November 2009 and will amend the Immigration (Restrictions on Employment) Order 2007.

The main aim is to add ID Cards issued under the Identity Cards Act 2006 to the list of documents set out in the Schedule to the 2007 Order that can be produced to an employer.

As Baroness Scotland recently found to her cost, these documents must be not only viewed but copied and retained if the employer is to have a defence when accused of hiring someone who is not legally entitled to reside or work in the UK.

Both sides of the ID Card must be copied for retention purposes.

An employer is excused from paying a penalty under section 15 of the Immigration, Asylum and Nationality 2006 if he or she is able to produce any of the documents described in the Schedule, as now amended.

A fine of up to £10,000 per worker can be imposed for every illegal worker found at a business where the employer is able to offer no such defence.

The full text of the Order, which applies to all of the UK, can be found at http://www.opsi.gov.uk/si/si2009/pdf/uksi_20092908_en.pdf.