Legal Gateway Solicitors Blog

Employers Beware of Changes to the Immigration Law

29-02-08 Posted In: Immigration

There are important changes in the law which came into force on the 29th February 2008 which affect you.

You must check all prospective employees’ entitlement to work in the UK, or you risk breaking the law.  The checks that should be, or have been undertaken depend on when the employee is, or was, recruited.

As from the 29th February 2008, you may be liable to pay a civil penalty if you employ someone who is :-

• Subject to immigration control;
• Aged over 16; and
• Not entitled to undertake the work in question.

A civil penalty can be imposed and served by a UK Border Agency official on behalf of the Secretary of State, and can be up to £10,000 per illegal worker.

It is imperative that all employers make relevant checks and copy required documentation before taking on an employee.  If a person has a time limit on their stay, repeat checks must be conducted on their documentation annually.

We at LGS can advise you :-

1. as to the checks to be made and documentation to be copied;
2. whether your prospective employee is eligible to work;
3. as to how to regularise and obtain permission for your prospective employee to be employed by you.

Applying for Settlement

02-04-07 Posted In: Immigration

From 2nd April 2007, the Home Office has required adults applying for settlement in the UK to provide evidence of their knowledge of both:

• English language
• Life in the UK

Sufficient knowledge of English language

There are two ways to demonstrate sufficient knowledge of English language and life in the UK.  They are alternatives, a person will not have to do both:-

• Someone whose standard of English is at or above ESOL (English for Speakers of Other Languages) Entry 3 will need to take a ‘Life in the UK Test’
• Someone whose standard of English is not at that level will need to undertake an approved ESOL course, which includes citizenship material

The Life in the UK Test

Information can be found at http://www.lifeintheuktest.gov.uk.  The Home Office states that if a person can understand the information given on this website, their English should be good enough to take the test.  Addresses and contact details of test centres, where the test may be taken, can be found on the same website.  Alternatively, there is a telephone helpline 08000154245.  Information on the website applies to both British citizenship and indefinite leave applications.  The fee for the test is currently set at £34.  A person should be able to take the test within one month of asking the centre but times may vary between centres. 

Please note however that not all applicants have to satisfy these requirements. 

There are various categories of people who are exempt from proving their knowledge of language and life in the UK.

Unless you are exempt, if you apply for permanent residence and cannot meet this requirement, your application will be refused and considered as an application to extend your temporary permission to stay in the UK.  The Home Office previously advertised this arrangement as coming to an end on 31st January 2008.  This arrangement has, however, been extended and we will advise you as to when the arrangement will end.

A word of caution.  If your temporary permission to stay in the UK will expire before you can obtain the necessary knowledge of language and life, you should apply to extend it.  Otherwise you will remain in the UK.

We at LGS will be able to advise you as to whether:

1. you have to satisfy the requirement; and
2. the manner in which you can demonstrate satisfaction.