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UK Border Agency update guidance on preventing illegal working | Immigration Matters

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The UK Border Agency has launched updated guidance for employers on preventing ‘illegal working’ to help them check if someone has a right to work. Information about employing Bulgarians and Romanians has been included in the new guidance for the first time.

The agency says the guidance has been completely revised and simplified to make it easier to read.

The new guidance provides much needed information on which documents are acceptable when ‘proving a right to work’ and helps employers understand what checks they are expected to carry out.

Employers who fail to demonstrate that they have carried out the appropriate checks and are found employing workers illegally could be fined £10,000 for each illegal worker and even face a 2 years in prison.

The guidance is available on the UKBA website includes the following changes:

  • More information relating to biometric residence permits, specifically to those that show a holder has indefinite leave to stay in the UK
  • Information on the various work restrictions placed on students from outside the European Economic Area (EEA)
  • The impact of fines when applying for a sponsor licence or on licensed sponsors
  • Best practice recommendations when carrying out document checks

This guidance also sees information relating to certain European nationals moved to the guidance on employing EEA nationals, as restrictions no longer apply.

It also contains more detailed information on employing Romanian and Bulgarian nationals.

Even though they been members of the European Union since 2007, when it comes to employment Bulgarian and Romanian citizens do not have the same rights as other Europeans, for instance from Poland, Slovakia or other A8 Accession countries. See: Free Movement of EU nationals explained.

UK work restrictions on Bulgarian and Romanian nationals, were extended until the end of 2013 by the British government last November. Other European countries have similar barriers to their newest EU ‘partners’.

Bulgarians and Romanians coming to the UK on Yellow Card registration permits can work and study full time on vocational courses such as NVQ or QCF courses in Health and Social Care

Further information and important updates on preventing illegal working can be found on the UKBA website.


The UK Border Agency can fine you £10,000 for employing a migrant worker illegally.

Immigration Advisers Bison Management UK has been helping employers with work permits and visas since 1998. They offer a complete file audit service at your premises.

Don’t risk a fine, call in the immigration specialists – 0208 905 1822.

Or email

See also:

12 illegal workers arrested in UK Border Agency restaurant raids

How Romanians and Bulgarians working illegally without Yellow Card or papers can legalise their status in the UK

EU Commissioner calls for end to UK work restrictions on Bulgarians and Romanians

7 tips for completing a Yellow Card BR1 application to work and study in the UK

Albanian car wash owner ordered to handover £60,000 for immigration crime

Employment restrictions for Bulgarians and Romanians extended until end of 2013 

Is Heathrow Border Force ready for Olympics?

Yellow or Blue Card Refused – Appeal or Reapply?

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: or visit 

Majestic College offer special packages for EU students. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians. 

For more information call Joanna on 0208 207 1020 or email

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9 Responses to “UK Border Agency update guidance on preventing illegal working”
Read them below or add one

  1. […] UK Border Agency update guidance on preventing illegal working […]

  2. […] UK Border Agency update guidance on preventing illegal working […]

  3. I am going to give job to a worker in my shop but genus applies for his extension on the meantime genus allowed to do work or not..???

  4. […] UK Border Agency update guidance on preventing illegal working […]

  5. Toluwaniile says :

    United Kingdom no tangible natural resources; however, it is failing in the endowed Human Resources it has vis-a-vis migrants (irrespective of status). 65% of illegal immigrants in United Kingdom are value adding to the so called British Economy. Theresa May and the entire British Government should rise up and take positive advantage of what they have in terms of the Human Resources which is the only area the British Economy System is failing. Thank you. Toluwaniile

  6. You could complain to the UKBA or your MP, but they UKBA will not take responsibilty for lost fees from a tier 4 sponsoring college.

  7. Home secretary is shouting about illegal immigrant all the time she is a complete hypocrate with kitten shoes immigrant boost economy she is not sure what she is doing she is not competent

  8. I am student back to home due to visa refusal my college was main part for put me on this hard situation who made me many offers to toextent my visa but afterthat would not presently the behaving rudly may I have any optionto complain them to ukba and claim my refund.

    Thank you

  9. […] week the UK Border Agency launched updated guidance for employers on preventing ‘illegal working’ to help them check if someone has a right to […]

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