Recruitment & Compliance

1. Recruitment & Compliance Graeme Ross – Immigration & Compliance Manager

2. Right to Work checks • All employers in the UK have a responsibility to ensure that all its employees and workers have the right to work in the UK before the employment commences. The University is no exception. • Asylum and Immigration Act 1996 introduced the concept of right to work checks. Augmented over the years by the following legislation: • Immigration and Asylum Act 1999 • Immigration, Asylum and Nationality Act 2006 • Immigration (Restrictions on Employment) Order 2007 (amended 2009, 2014 and 2016) • Immigration Act 2016 • We are not legally required to undertake the checks, but if we don’t there are a range of penalties if we are found to employ an illegal worker.

3. Right to Work Penalties • £20,000 fine for each illegal worker found on our premises • Incurring even one Civil penalty will jeopardise the University's Tier 2 and Tier 5 licence. If revoked, 700+ non-EEA employees are made instantly redundant and are forced to find another employer or leave UK in 60 days. • Reputational damage to the University

4. Criminal penalty: Right to Work Penalties cont. • Incurs a sentence of 5 years imprisonment and/or unlimited fine. • No definition, as yet, of ‘reasonable cause to believe’ • Provided you undertake a right to work check in the prescribed manner, known as ‘establishing a statutory excuse’, you can mitigate against incurring the above civil and/or criminal penalties. Knowingly or having ‘reasonable cause to believe’ you have employed illegal migrants

5. How to do checks Step 1 – Obtain the Document • List A - http://www.jobs.cam.ac.uk/right/lista.html • List B - http://www.jobs.cam.ac.uk/right/listb.html Step 2 – Check the Document • Reasonable checks required. Key points are that it must : • Be seen in the presence of the holder; • Check photographs are consistent with holder • Ensure expiry dates have not passed • No evident tampering

6. How to do checks cont. Step 3 – Copy the Document • Can only be certified by a University employee. Third parties are prohibited. • Best Practice verification: “I confirm that this is a true copy of the original, taken on [DATE AND TIME]” • If taken on first day of work, must show it was taken before work commenced i.e. separate Welcome Letter or e-mail verification • Biometric Residence Permits – both sides must be copied

7. RTW checks - notable issues • No requirement to take a copy of the front cover of the passport. • Annual checks abolished. • For new appointments, we cannot accept a valid visa inside an expired passport as valid evidence of right to work. This does not affect current employees. • Students with a Tier 4 visa – must also complete HR35 alongside document checks. Restricted to 20 hours a week in term time; full time in vacation periods. University imposes greater work restrictions on own students. • Visitors/Volunteers – covered by separate right to work policies. Normally exempted if activity is less that 30 days. • For staff on time-limited visas – Compliance Team will advise of expiry date, and action to be taken

8. Brexit – EU/EEA nationals and RTW checks • ‘Deal’ or ‘no-deal’, EU/EEA and Swiss nationals will be able to evidence their right to work by way of their passport or ID card, as they can now • Applicable to new arrivals and current residents.

9. Training Also available through PPD: Immigration and Recruitment: Helping You Get It Right – http://www.training.cam.ac.uk/cppd/event/1162633 Disclosure and Barring Service Checks and Recruitment Practices – http://www.training.cam.ac.uk/cppd/event/1328485

10. Questions