LIST 1
Documents which provide the defence if produced
alone
Any one of the documents included below in List 1 will provide you with the
defence if you check and copy them, and follow all of the steps on pages 4–5.
A passport showing that the holder is a British citizen, or has a right of
abode in the United Kingdom.
A document showing that the holder is a national of a European Economic
Area country (listed on pages 10–11) or Switzerland. This must be a
national passport or national identity card.
A residence permit issued by the Home Office to a national from a
European Economic Area country or Switzerland.
A passport or other document issued by the Home Office which has an
endorsement stating that the holder has a current right of residence in the
United Kingdom as the family member of a national from a European
Economic Area country or Switzerland who is resident in the United
Kingdom.
A passport or other travel document endorsed to show that the holder can
stay indefinitely in the United Kingdom, or has no time limit on their stay.
A passport or other travel document endorsed to show that the holder can
stay in the United Kingdom; and that this endorsement allows the holder to
do the type of work you are offering if they do not have a work permit.
An Application Registration Card issued by the Home Office to an asylum
seeker stating that the holder is permitted to take employment.
Once you have checked one of these documents from your potential employee,
there is no need to ask for any further documents contained in List 2.
LIST 2
Documents which provide the defence if produced
in combination
List 2 covers the combinations of documents which will provide you with the
defence if you follow all of the steps on pages 4–5. Once you have done this,
you do not need to ask for any further documents contained in List 1.
You will not have the defence if you see one document from the first
combination and one from the second combination.
First combination
A A document giving the person’s permanent National Insurance Number and
name. This could be a: P45, P60, National Insurance card, or a letter from
a Government agency.
Along with checking and copying a document giving the person’s
National Insurance Number, you must also check and copy only one
of the following documents listed in sections B–H:
B a full birth certificate issued in the United Kingdom, which includes the
names of the holder’s parents; OR
C a birth certificate issued in the Channel Islands, the Isle of Man or Ireland;
OR
D a certificate of registration or naturalisation stating that the holder is
a British citizen; OR
E a letter issued by the Home Office to the holder which indicates that the
person named in it can stay indefinitely in the United Kingdom, or has no
time limit on their stay; OR
F an Immigration Status Document issued by the Home Office to the
holder with an endorsement indicating that the person named in it can
stay indefinitely in the United Kingdom, or has no time limit on their stay;
OR
G a letter issued by the Home Office to the holder which indicates that the
person named in it can stay in the United Kingdom, and this allows them
to do the type of work you are offering; OR
H an Immigration Status Document issued by the Home Office to the holder
with an endorsement indicating that the person named in it can stay in
the United Kingdom, and this allows them to do the type of work you
are offering.
Second combination
A A work permit or other approval to take employment that has been issued
by Work Permits UK.
Along with a document issued by Work Permits UK, you should also
check and copy one of the following documents listed at B–C:
B a passport or other travel document endorsed to show that the holder is
able to stay in the United Kingdom and can take the work permit
employment in question; OR
C a letter issued by the Home Office to the holder confirming that the person
named in it is able to stay in the United Kingdom and can take the work
permit employment in question.
None of the document descriptions contained in List 1 and List 2 reflect the
precise wording contained in the law. If you would like to obtain a full legal
description of the changes, this will be available in the booklet the Home
Office will be producing alongside this guidance (see page 6 for details).
Documents that will no longer provide you with any
part of your defence
There may be some documents that you routinely check at present to establish
the defence which will be removed entirely from both List 1 and List 2
when the changes come into force. You should no longer check for the
following documents from 1 May 2004:
a Home Office Standard Acknowledgement Letter or Immigration Service
Letter (IS96W) which states that an asylum seeker can work in the United
Kingdom. If you are presented with these documents then you should
advise the applicant to call the Home Office on 0151 237 6375 for
information about how they can apply for an Application Registration Card;
a letter issued by the Home Office stating that the holder is a British citizen;
a passport describing the holder as a British Dependent Territories Citizen
which states that the holder has a connection with Gibraltar;
a short birth certificate issued in the United Kingdom which does not have
details of one of the holder’s parents;
a card or certificate issued by the Inland Revenue under the Construction
Industry Scheme.
The following documents have never been acceptable as proof of a person’s
right to work in the United Kingdom, and should not form any part of your
checks under section 8:
a temporary National Insurance Number beginning with TN, or any
number which ends with the letters from E to Z inclusive;
a driving licence issued by the Driver and Vehicle Licensing Agency;
a bill issued by a financial institution or a utility company.
Produced by IND Corporate Communications. April 2004
) they've just got to do this stuff by law now.
