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UK Border Agency to continue crackdown on illegal working | Immigration Matters

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Employers are warned that the crackdown on illegal working in south-east England will continue in 2011, the UK Border Agency announced.

In the South East region alone during 2010, fines (also known as ‘civil penalties’) for employing illegal workers were issued to:

  • 7 businesses in Portsmouth, including the Indian Palace restaurant in Gunwharf Quays (£15,000) and the Urmi Balti House restaurant in Northern Road (£10,000);
  • 9 businesses in Canterbury, including Café de China in St Georges Place (£27,500), the Chop Chop restaurant in St Dunstans (£15,000), Super Noodles in Northgate (£10,000) and the Burgate Chom Chom restaurant (£5,000); and
  • 17 businesses in Southampton, including the Ghandi’s Chopsticks restaurant in Blenheim Road (£20,000), the Bengal Paradise takeaway in Manor Farm Road (£10,000) and Global Asian Foods in St Mary’s Road (£5,000).

The total value of the civil penalties was £312,500 in just one regional.

In a joint statement, the heads of the UK Border Agency’s local immigration teams for Hampshire and Kent said:

‘We’ve had a lot of success targeting firms who employ illegal workers during 2010, but we are gathering intelligence all the time, and more raids are definitely planned for 2011.

‘It is the legal responsibility of all employers to check that employees have the right to work in the UK. Those who don’t can be hit with big fines – up to £10,000 per person – but if you deliberately employ an illegal worker you could face criminal prosecution.

‘Illegal working undercuts legitimate and law-abiding businesses, and takes jobs from those who are genuinely allowed to work.’

Every year, the UK Border Agency imposes civil penalties on thousands of companies which fail to carry out the necessary right-to-work checks on their staff. A list of employers who have received these civil penalties is available in the Illegal working section of the Home Office website.

Two major sources of confusion for employers are overseas students and Romanian and Bulgarian EU citizens.

For instance an international student may have a student Tier 4 visa, but is not studying or is working beyond their allowable hours, which can also vary according to their visa and when it was issued.

Non-EU Students should also take note that if you are caught working whilst not studying your student visa may be cancelled and you could be banned from returning to the UK for 10 years.

Employers are often unaware that Bulgarian and Romanian migrants do not enjoy the same rights to work in the UK as other Eastern European EU members, although they can set up a business or work and study under a Yellow Card issued by the UK Border Agency.

As members of the European Union, Bulgarians have visa-free access to the UK, however, like Romanians, they do not have the same treaty rights to work as the earlier A8 Eastern European EU accession countries such as Poland and Latvia.

Employers cannot, therefore, employ a Romanian or Bulgarian worker in the same way they can a Polish or other A8 accession country citizen.

Many Romanians and Bulgarians register as self employed and start businesses, which is allowed, or work and study on a Yellow Card Visa. Romanian and Bulgarian Students taking vocational or sandwich courses, such as NVQ in Health and Social Care, are allowed to work full time, as stated on their Yellow Cards – a special category of student visa for Romanian and Bulgarian EU workers who can enter the UK freely but do not enjoy the same rights to work here as other European citizens.

Employers unsure of the steps they need to take to avoid employing illegal workers should take legal advice or visit the Preventing illegal working section or phone the employer helpline on 0300 123 4699.

If you suspect that illegal workers are being employed at a business, phone Crimestoppers on 0800 555 111 or visit the Crimestoppers website. Anonymity can be assured say the agency. Source: UK Border Agency.

See article:

UK Border Agency launch new website

The newly revised UK Border Agency website has a better look and feel and navigation seems faster, but previously published links to specific pages of the site may no longer exist.

For instance, the link for European Workers is now:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/applying/

The link for ‘Bulgarian and Romanian nationals‘ is:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/

The UK Border Agency and Home Office website contains a vast amount of information which can be difficult to wade your way through the guidance and Immigration Rules.

The navigation section for European workers from Bulgaria and Romania also appears to have been simplified although finding specific information is still a challenge.

Confusion remains over the need for Bulgarians and Romanians applying for BR1 Yellow Cards as students to take out Comprehensive Sickness Insurance cover. 

The BR1 Form in Section 9 states:

‘If sections 4 (Students) and 5 (Self-sufficient) have been completed: evidence of ‘Comprehensive Sickness Insurance’ cover in the UK and funds to show you are economically self-sufficient, e.g. a bank statement.’

In other words, the paragraph means you need comprehensive sickness insurance only if you are applying under both ‘student’ and ‘self sufficient’ sections.

Nevertheless, student applicants are being asked to take out private medical insurance policies and are being refused if they fail to supply the correct cover.

What is the correct insurance cover?

One insurance company manager told Immigration Matters that he has been trying to get clarification on the exact requirements from the UK Border Agency for several weeks.

Active Quote offers an easy to use online quotation and application system, but also has telephone support from advisers who are on hand to answer questions.

To obtain a quotation for Comprehensive Sickness Insurance visit the Active Quote website 

See article:

 

UK Border Agency launch new website

The newly revised UK Border Agency website has a better look and feel and navigation seems faster, but previously published links to specific pages of the site may no longer exist.

For instance, the link for European Workers is now:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/applying/

The link for ‘Bulgarian and Romanian nationals‘ is:

http://www.ukba.homeoffice.gov.uk/eucitizens/bulgaria-romania/work-permits/

The UK Border Agency and Home Office website contains a vast amount of information which can be difficult to wade your way through the guidance and Immigration Rules.

The navigation section for European workers from Bulgaria and Romania also appears to have been simplified although finding specific information is still a challenge.

Confusion remains over the need for Bulgarians and Romanians applying for BR1 Yellow Cards as students to take out Comprehensive Sickness Insurance cover. 

The BR1 Form in Section 9 states:

‘If sections 4 (Students) and 5 (Self-sufficient) have been completed: evidence of ‘Comprehensive Sickness Insurance’ cover in the UK and funds to show you are economically self-sufficient, e.g. a bank statement.’

In other words, the paragraph means you need comprehensive sickness insurance only if you are applying under both ‘student’ and ‘self sufficient’ sections.

Nevertheless, student applicants are being asked to take out private medical insurance policies and are being refused if they fail to supply the correct cover.

What is the correct insurance cover?

One insurance company manager told Immigration Matters that he has been trying to get clarification on the exact requirements from the UK Border Agency for several weeks.

Active Quote offers an easy to use online quotation and application system, but also has telephone support from advisers who are on hand to answer questions.

To obtain a quotation for Comprehensive Sickness Insurance visit the Active Quote website

Related articles:

London Mayor’s new attack on UK Immigration Cap

UK Border Agency taking tough line on illegal working but employers are still confused

Special work permit application forms and guidance for Bulgarian and Romanian nationals published

UK immigration fall unlikely in 2011 say leading think tank

New Tier 2 Working Visa limit set following Judicial Review

 UK Border Agency’s response to Judicial review loss on interim immigration cap

Interim Immigration Cap unlawful High Court Judges Rule

New rules for Extended Student Visitor Visa for migrants studying English language courses

British MPs voice ‘profound concern’ over Home Office plans to bar foreign students

Government lays down plans to reform UK student visa system and launch public consultation 

If you need any immigration advice or help with Sponsorship or Tier 2 Working Visas, Visa, ILR, Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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5 Responses to “UK Border Agency to continue crackdown on illegal working”
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  1. shahid_afridi194 says :

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