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.CoA wrote:Note for employers
Until 28 February 2008, this document may form part of a statutory defence against conviction under section 8 of the Asylum and Immigration Act 1996 for employing an illegal migrant worker. This will only be acceptable when the document is presented in combination with the holder's appropriately documented permanent National Insurance Number, provided that both original documents are presented by the holder to the employer, and that the employer checks, copies, and retains the copy of the documents. To establish the statutory defence, the checks must be completed before employment begins.
From 29 February 2008 this document may form part of a statutory excuse against liability to pay a civil penalty under section 15 of the Immigration, Asylum and Nationality Act 2006 for employing an illegal migrant worker. This will only be acceptable if presented as evidence of an entitlement to work within six months of the date of the letter and if evidence is provided that you have verified the letter with the UK Border Agency Employer Checking Service (details below). The original document must be presented by the holder. The employer must check, copy, and retain the copy of the document.
Employers and prospective employers should note that applications for a Residence Card or Permanent Residence Card should be resolved within six months from the date of application. Thereafter, the UK Border Agency would expect family members of EEA nationals, who are not themselves EEA nationals and who have applied for a Residence Card or Permanent Residence Card, to be able to present their Residence Card or Permanent Residence Card as evidence that they are entitled to work in the United Kingdom.
The UK Border Agency operates an Employer Checking Service which will enable you to verify the validity of this Certificate of Application. Further information about the service is available through the UK Border Agency website at www.ukba.homeoffice.gov.uk.
Employers who have general questions and queries about immigration law affecting people's entitlement to work in the United Kingdom can call the UK Border Agency Employers' Helpline on 0300 123 4699.