Legal Working

UK employers need migrant workers to fill labour gaps and skill shortages.  Also, migrant workers make a vital and substantial contribution to the UK economy financially, socially and individually.  However, the system under which they are admitted to the UK needs to be controlled, simplified and robust against abuse.

Section 8 of the Asylum and Immigration Act 1996 sets out the law on the prevention of illegal working.  It makes it a criminal offence for you to employ someone, aged 16 or over, who has no right to work in the United Kingdom, or no right to do the work you are offering and obliges you to ensure that your recruitment practices do not discriminate against individuals on the grounds of race.

A number of Balkan states joined the EU in 2004 and migrants from those countries are required to register on the Workers Registration Scheme.  The unprecedented number migrating in from these countries resulted in the government restricting the numbers allowed into the UK from the two newer accessions states - Romania and Bulgaria. Migrants from these countries must have a valid work permit before being allowed to work legally in the UK.

The new 5-tier Points Based System (PBS) has now come into effect, replacing the 80+ different work permit schemes which had exosted previously.  Under this new scheme nationals from countries outside the EU and European Economic Area (EEA) can apply for entry to, or leave to remain in, the UK provided they are sponsored by an employer who is registered on the UK Border Agency's list of approved sponsors.