Immigration & The Right To Work Policy

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POLICIES FOR OUR PEOPLE 1.4

IMMIGRATION & THE RIGHT TO WORK

OUR APPROACH

Our aim is to ensure that we never recruit anyone without checking that they have the right to take employment in the UK. We will treat every applicant in the same way and ask everyone to produce the required documentation.

All people who are involved in staff recruitment at any stage, including those who make appointments for interviews over the telephone, must ask all applicants for employment the following:

"in line with the Immigration, Asylum and immigration Act, we have to ask for proof of your right to work in the UK. Therefore, please bring with you to your interview the original evidence of your right to work in the UK."

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006

This act is designed to prevent foreign nationals from working illegally in the UK. lt is a criminal offence to employ a person who is not permitted to work in the UK and employers who do are liable for a fine of up to £10,000.

To avoid conviction, an employer must possess a copy of an approved document which shows that the applicant is eligible for employment in the UK, and which was produced before the employee was taken on. We must therefore ensure that certain checks are made before we employ any new member of staff.

From 29'" February 2008 there is a new requirement: employers must check the original documents of all employees who have been taken on with limited leave to remain in the UK, at least every 12 months, This only applies to employees taken on from this date (including TUPE transfers, whose documents must be checked within 28 days of the date of transfer). There is no requirement to check an employee's documents it they were already employed before this date, even if they had limited leave to remain.

What are we required to do?

Step One: Ensure the prospective employee has provided the relevant 
                documents as specified in the lists detailed on these pages.

Step Two: Check the documents for the following:

                - any photographs should match the person

                - dates of birth should be consistent with the person and across documents

                - any expiry dates for limited leave to enter/remain in the UK have not       
                  passed NB: a passport itself does not have to be in date, it is the visa
                  which must be in date.

                - any endorsements (stamps, visa etc) allow the person to do the type
                  of work

                - they appear genuine, have not been tampered with and belong to
                  the person

                - names are consistent across documents, and if not, ask fora further
                  document (marriage certificate, divorce decree, deed poll etc.)

Step Three: Take a copy of the documents, sign and date them, and place on file.
                   Ensure there is a copy of any of the relevant information listed in
                   Step Two, as well as all pages of a passport including the front cover
                   (unless there are any blank sheets).

What documents need to be checked?

We must check and keep a photocopy of one of the original documents from List 1 or two documents from List 2 or the relevant number of documents from List 3 (some require one document and some require two documents). The lists are detailed below.


List 1 documents show that a person has an ongoing entitlement to work in the UK, so these documents never need to be checked again. List 2 Combination documents also show that a person has an ongoing entitlement. However, List 3 documents show that a person has limited leave to remain in the UK, so these documents must be re-checked at least every 12 months.

NB: We have simplified the lists for use within Tesco; In the official UK Border Agency Guidance List 1 and 2 relate to List A, and List 3 relates to List B.

One Original Document from List 1:

* A passport showing that the holder is a British Citizen. NB; British Overseas
   Territories Citizens and British Overseas Citizens are not British Citizens.

* A Passport/Identity Card showing that the holder is a national of the European
   Economic   Area or Switzerland (NB: Not a UK Border Agency issued identity Card).

* A residence permit, registration certificate or document certifying or indicating   
   permanent residence, issued by the Home Office or the UK Border Agency, to
   a national from a European Economic Area country or Switzerland.

* A permanent residence card issued by the Home Office or the UK Border
   Agency, to the family member of a national from a European Economic Area
   country or Switzerland.

* A Biometric immigration Document issued by the UK Border Agency to the holder
   which indicates that the person named in it is allowed to stay indefinitely/no time
   limit on their stay in UK (e.g. a UKBA issued identity Card).

* A passport or other travel document endorsed to show that the holder is exempt
   from immigration control, is allowed to stay indefinitely in the UK,
   has the right of abode in the UK, or has no time limit on their stay in the UK
   (e.g. Commonwealth citizens who can prove that one grandparent was born in
   the UK may be exempt. British Overseas Territories Citizens with an endorsement
   showing that they have the right of abode will also be exempt.)

NB

Nationals from Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia.

If the individual is a National from one of these 'A8' countries, and was employed by Tesco before 15' May 2011, they should have registered with the UK Border Agency within one month of starting work. We should have a photocopy of their registration document or exemption document on their personal file. This requirement ceases for employees recruited from 15' May 2011.

Nationals from Bulgaria or Romania

If the person is from one of these 'A2' countries they also need authorisation to work from the UK Border Agency before they start working for us. Please take a copy of their Worker Authorisation document or exemption certificate and place it on their personal file.

                                                        Or

Two Original Documents from List 2.

* An official document giving the person's permanent National Insurance number
   and name (e.g. P45, P60, National insurance Card or a letter from a government
   agency) issued by a Government agency or previous employer.

and one of these...

* A full birth certificate issued in the UK, Channel islands, Ireland or the isle of Man
   (which includes the name(s) of at least one of the holder's parents).

* A full adoption certificate issued in the UK, Channel islands. Ireland or
   the Isle of Man (which includes the name(s) of at least one of the holder's adoptive
   parents).

* A certificate of registration or naturalisation stating that the holder is a British
   Citizen.

* A letter issued by the Home Office or the UK Border Agency to the holder which
   indicates that the person named is allowed to stay indefinitely in the UK.

* An Immigration Status Document (ISD) issued by the Home Office or the UK
   Border Agency, to the holder with an endorsement indicating that the person named
   in it is allowed to stay and work in the UK indefinitely (e.g. permanent Residence
   Permit). An ISD is usually issued when the residence permit cannot be placed in the
   holders national passport (e g. an asylum seeker who may not have a passport).

                                                           Or

List 3

List 3 documents show that a person has limited leave to remain and work in the UK, so these documents must be re-checked at least every 12 months. Please enter all employees who have limited leave to remain on to the Tracker document (a copy can be found under 1.4.4 in the Reference Library).

Please issue the employee with a letter outlining their ongoing responsibility to keep us aware of their immigration status (a copy can be found in 1.4.3 in the Reference Library).

Generally a national from a country outside the European Economic Area (EEA) has to provide evidence of two things — that they have the right to live/reside in the UK, and that they have the right to work in the UK. These two criteria may be shown on one document (e.g. a passport or identity Card), but we must ensure we have copied all of the relevant pages. NB: We have been caught out in the past where we have only had evidence for one of these criteria.

* A passport or travel document endorsed to show that the holder is
   allowed to stay in the UK and is allowed to do the work in question (for example
   Tier One/Four/Five/Dependant/Ancestral Visa holder) (Endorsements can be in
   the form of a Residence Permit or UK Entry Clearance Certificate or Visa stamp
   in a passport/travel document describing that someone has been given Tier
   1/4/5 /Dependant/Ancestral Visa Holder approval). NB: if it states Tier Two/Work
   Permit holder, please see third bullet point below.

* A Biometric Immigration Control Document issued by UK Border Agency to the
   holder indicating that the person can stay in the UK and is allowed to do the work
   in question (e.g. a UKBA Biometric Residence Permit (also known as an Identity
   Card) which outlines their immigration status (e.g.Tier 1/2/4/5/Dependant/Ancestral
   Visa Holder) and entitlements).

* Residence card or document (e.g. UK Entry Clearance) issued by the Home
   Office or UK Border Agency to a family member of a national of a European
   Economic Area country or Switzerland.

* A work permit/Tier 2 or other approval to take employment (such as a letter of
   permission) issued by the Home Office or the UK Border Agency
and
   - a passport or other travel document or a letter issued by the Home Office or UK 
     Border Agency endorsed to show that the holder is able to stay in the UK and is
     allowed to do the work in question (e.g. a Residence Permit, or a letter confirming
     Leave to Remain). NB Most work permit/Tier 2 applicants will have been granted
     leave in their passports stating that they are able to 'work as authorised by the
     Secretary of State'.


* A certificate of application (which is less than 6 months old) issued by the Home
   Office or the UK Border Agency, to a family member of a national from a European
   Economic Area country or Switzerland, stating the holder is permitted to take
   employment, and evidence of verification by the UK Border Agency Employer
   Checking Service. (Please use form 1.4.7 in the Reference Library and fax to
   0114 207 5860 or post or email (address below#)).

* An Application Registration Card (ARC) issued by the Home Office or the UK
   Border Agency, stating that the holder is permitted to take employment, and
   evidence of verification by the UK Border Agency Employer Checking Service.
   (Please use form 1.4.7 in the Reference Library and fax to 0114 207 5860 or post or
   email (address below'). An ARC is usually issued to an asylum seeker once they have
   applied for asylum and whilst they are waiting to hear of the UK Border Agency's
   decision.

* An official document giving the person's permanent National Insurance number
   and name (e.g. P45, P60, National Insurance Card or a letter from a
   government agency) issued by a Government agency or previous employee
and
     - an Immigration Status Document (lSD) or letter issued by the Home Office or
       the UK Border 'Agency, to the holder or to the employer, with an endorsement
       indicating that the person named in it is allowed to stay in the UK and to do the
       type of work in question (e.g. a Residence Permit endorsement). An ISD is
       usually issued when the residence permit cannot be placed in the holder's
       national passport (e.g. an asylum seeker who may not have a passport).

If you need advice about one of the documents produced by the applicant, or any other
support or information on immigration, please ring the Employer Helpline on 0300 1234699, or email them at: sponsorshippbsenqulrles@ukba.gsi.gov.uk

NB: The Isle of Man and the Channel islands have additional right to work requirements in order to protect jobs for local people in the first instance.

# The postal address for the Employer verification Service is: The Employer Verification Service, Ground Floor Vulcan House, iron, UK Border Agency, Home Office, P0 Box 3468, Sheffield, S3 8WA.
You may also email them at: employerchecking@ukba.gsi.gov.uk

COUNTRIES IN THE EUROPEAN ECONOMIC AREA (EEA)

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Romania
Slovakia
Slovenia
Spain


Switzerland is not in the EEA. but an international treaty means that from 15' June 2002 Swiss Nationals have a similar right to live in the UK as EEA nationals.

APPROVAL TO WORK IN THE UK

Approval is required by any national from a country outside of the European Economic Area & Switzerland who does not possess one of the documents described in Lists 1 & 2.

The process through which a person may gain approval to work in the UK has been extensively revised. A new five tier Points Based System (PBS) has been rolled out and replaces the old system. Once someone gains approval through one of these routes, they will be able to provide documents in line with List 3.

Generally, once someone has lived and worked legally within the UK for a continuous period of 5 years they can apply for indefinite Leave to Remain (which means we no longer need to complete checks every 12 months, as there are no restrictions on the work they do in the UK or time limits on their stay).

After having had Indefinite Leave to Remain status for at least one year, a person may apply for UK citizenship (also called 'naturalisation').

Immigration Enquiry Bureau (0870 606 7766) is a useful source of information for employees who need advice/help in answering questions regarding their specific situation

WHAT THE LAW SAYS

Documentation:

There was no requirement to check a person's right to work in the UK documentation prior to 27/01/1997, so employees employed before this date do not have to have right to work documentation on file.

Employees employed from 27/O1/1997 until 30/04/2004 had to prove they had a National Insurance number (in the form of a P45, National insurance card etc.). There was a requirement to have a copy on file, but our policy guidance did not make this clear. Therefore most employees employed between these dates will not have proof of their right to work on file, and it is not possible to obtain it retrospectively. However, if it comes to light that an employee we employed between these dates does not have the right to live and work in the UK, we should suspend them.

Employees employed from 01/O5/2004 until 28/02/2008 had to provide the correct right to work documentation and a copy had to be held on file, as per the old lists (please see the Reference Library for the old lists which were in force).

Employees employed from 29/02/2008 have to provide right to work documentation described in the current policy, and a copy has to be held on file.

NB: The Department of Work & Pensions no longer issue National insurance cards — they issue a letter instead.

Third Party Employers:

People who work on our premises who are employed by a third party (e.g. cleaners, security, catering staff) are not our responsibility so we do not need to check their right to work in the UK. However, if information comes to our attention which puts this in doubt, we should notify the relevant employer immediately so that they can investigate.

Our service level agreements with the third party should make it clear that such responsibilities remain with them, and we should ask them for a copy of their right to work policy. Best practice would be to ask the Third Party to provide written confirmation that all the required checks have been made each year.

Dismissal:

As with any other employee, we must ensure we follow a fair dismissal procedure as per our process. This means that we must fully investigate and give the employee an opportunity to defend themselves and to provide the required documentation within a reasonable period of time.

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