Guidance on registration of foreign employees.

There are always considerations to be taken into account when deciding to hire staff.  With the shrinking population and the influx of people from EU states, Scotland is becoming a multi-national country.  It is therefore inevitable that at some point, most employers will have applications from foreign workers.  As we are a diverse country, our work places should reflect this by having a diverse workforce.  You can also, read our recent feature in the Tayside Courier - http://www.thecourier.co.uk/output/2008/05/19/newsstory11380236t0.asp.

Click here to find out about our immigration regulations training workshop.

On top of the hard issues that need to be dealt with such as worker registrations and National Insurance Numbers, employers of foreign workers must also consider soft issues and may have to offer additional support such as assistance with communication, culture changes and advice on family issues including where to go for childcare and medical care.  Some employers also offer affordable accommodation. 

There are three main categories of foreign workers:

1. Those entitled to free movement of labour with very few restrictions (European Economic Areas (EEA), working holiday makers from the commonwealth states, spouses and dependant children of foreign workers who are lawfully working in the UK, citizens of Switzerland and people who were born in Gibraltar). 
2. Those who can come to the UK to work in certain employment roles or on a fixed term (trainee nurses, au pairs, private servants). 
3. Those who must have a work permit to work in the UK.  This is the group of nationals which will be most effected by the new legislation from 29 February 2008.  Please see below for more details.

Free Movement of Labour

The European Economic Area (EEA) is made up of the following 18 countries:

Austria, Belgium, Denmark, Finland, France, Germany,
Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg,
Netherlands, Norway, Portugal, Spain, Sweden, UK.

A further ten countries joined the EU on 1 May 2004, these workers will be required to register with the Home Office under the Workers Registration Scheme (exept Cyprus and Malta):

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Malta, Poland, Slovakia and Slovenia.

From 1 January 2007, Bulgaria and Romania became members of the European Union, but Bulgarians and Romanians still need a work permit to work in the UK.

Work Permits

Work permits are the most common method used by employers bringing foreign workers in to the UK.  The foreigners will need to comply with the various entry requirements as set by Immigration Acts and Regulations.  Leave to enter the UK is given by immigration officers by either visa or entry certificate via a British Diplomatic Post abroad such as a British Embassy or Consulate. 

Work permits will be replaced by the new points-based scheme from Autumn this year.  Workers will have to prove that they have enough points to enter the UK and are likely to need a UK employer sponsor too.  Employers will have to be registered as a sponsor and hold a certificate for each foreign worker they sponsor. 

Legislation Update - Immigration, Asylum and Nationality Act

New measures to help tackle illegal migrant working will come into force on 29 February 2008. These measures include:

• a system of civil penalties for employers who employ illegal migrant workers - it is proposed that the maximum civil penalty per illegal worker will be £10,000;
• a new criminal offence for employers who knowingly employ illegal migrant workers - this offence will carry a maximum two year prison sentence and/or an unlimited fine; and, 
• a continuing responsibility for employers of migrant workers with a time-limited immigration status to check their ongoing entitlement to work in the United Kingdom.

Employers can protect themselves against paying the penalties by having a statutory excuse.  Employers must keep clear records of ID documents and copies of any forms and payments which have been sent to the home office for registering an employee before the employment begins.  These checks should be updated at least every 12 months for employees which have limited leave to enter or remain rights in the UK.  However, this will not be the case if the employer is knowingly employing an illegal immigrant. 

Employers’ Responsibilities:

• Do not discriminate against foreign employees;
• Check all documentation for rights to work in the UK;
• Provide assistance in obtaining a National Insurance Number;
• Check if employee needs to be registered with the Home Office;
• Provide all necessary documentation – contract, proof of employment;
• Keep detailed records and copies of documents – passports, registration applications;
• Pay all employees the same amounts for doing similar work and adhere to the National Minimum Wage Regulations;
• Adhere to Working Time Regulations;
• Give all employees the same rights and entitlements;
• Provide legal documents in an understandable format – contracts, Health and Safety information.

What are the concerns for foreign workers?     

Moving to a new country is a very difficult decision to make.  Many foreign workers have left friends, family and children behind to come to Scotland.  Mainly due to the higher wages here than in their own counties.  Most need to send their money back home to poor or sick relatives.  The challenges they face here can be lessened by employers’ support and understanding. 

Their main concerns include:

• Legal administration
• Access to local amenities
• Regular visits home to family
• Settlement into local communities
• Language and communications barriers
• Affordable and comfortable accommodation

 

Why employ foreign workers?

Scottish employers who have already employed foreign workers have noticed a significant rise in productivity.  The work ethics of most foreign workers are different from those of many Scottish workers.  The Institute of Directors (IoD) conducted a poll on foreign workers and discovered that they “outshine the existing workforce across a range of qualities including: productivity, education and skills, work ethic, reliability and sick leave” as was reported in People Management, February 2007.

Key facts of employing foreign workers:

• Staff turnover is reduced
• Improved productivity and attendance
• A different view on working practices
• Positive reactions from Scottish workers
• 26% of foreign workers are European Union Nationals
• The quality of foreign workers had far exceeded expectations

Support and guidance for employers

SCRS is running a training workshop in Dundee to help employers understand their obligations for migrant workers registration.  If you would like more information about this interactive workshop, please get in touch.  You can also request to be kept informed about migrant worker regulations through our newsletter.  Please click here to register.

Simple Corporate Resource Solutions is a human resource and employment law consultancy offering advice and assistance in all areas of recruitment and selection with experience in dealing with Immigration Regulations and Home Office administration.  If you would like further assistance with any aspect of recruitment and employment, please contact us via our Contact Us page or phone 07899 933 089.

SCRS run regular employment workshops to help you keep up-to-date with changing legislation.  Please click here to view our workshops. 

One of our CIPD qualified consultants will be happy to find a simple solution to all your employment requirements. 

”It is not the strongest of the species that survive, nor the most intelligent,
but the one most responsive to change.”
Charles Darwin

Disclaimer:
While every care has been taken in compiling these guidelines, Simple Corporate Resource Solutions cannot be held responsible for any errors or omissions; the notes are not intended to be a substitute for specific legal advice.