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Last edited 12 Mar 2018
Right to work in the construction industry
‘…an adult subject to immigration control if:
- he has not been granted leave to enter or remain in the United Kingdom, or
- his leave to enter or remain in the United Kingdom:
- is invalid,
- has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
- is subject to a condition preventing him from accepting the employment.’
Illegal workers include students with expired visas, students working more hours than they are allowed to and people who work on a visitor’s visa.
Under the Right to Work, employers are required to check job applicants are allowed to work for them in the UK before they are employed. This includes checking worker’s original documents with the worker present and to keeping copies of documents and a record of the date the check was made.
Employers must check:
- Documents are genuine and belong to the applicant.
- The dates for the worker’s right to work in the UK have not expired.
- Photos are the same across all documents and look like the applicant.
- Dates of birth are the same across all documents.
- The person has permission to do the type of work offered.
- Evidence of students study and vacation times.
- If documents give different names, supporting documents showing the reason for this.
On 14 October 2015, Immigration Minister James Brokenshire announced ‘Operation Magnify’, an enforcement campaign targeting illegal working in the construction industry. See Operation magnify for more information.
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