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Take care to follow the right steps when employing students

person and have not been tampered with. They are not expected to be experts in forged documents. However they should ask to see origi- nals if copied documents look strange.

The government encourages employ- ing overseas students, but only to the limit of what is stipulated in his or her visa or the newly introduced identity card. Currently students applying for the renewal of their visas are receiving identity cards with biometric details containing fingerprints. As a result employers will be encountering both visas as well as identity cards.

Already more than 3000 employers have found out the hard, and expensive, way that employing undocumented workers is very painful. Civil Penalties are usually £5000 per undocumented worker, and even higher on the second or subsequent occasions. The maxi- mum can be prison sentence of two years and an unlimited fine.

Any student found working undocu- mented is immediately deported to their home country. There is no provision for appeals against these penalties.

However, a statutory ‘excuse’ can be established if the employer has carried out specific checks on original docu- ment and retained copies. However, the checks must be repeated at least every 12 months.

Spice Business Magazine 8 May | June 2010

Employers have to check and copy spe- cific original documentation to obtain a ‘statutory excuse’ in respect of any new employees who may turn out not to have permission to work. Checks must be completed before employ- ment begins.

Employers need to be satisfied that the documents genuinely relate to the

Keeping the above in mind employers should take the following steps in order to obtain ‘statutory excuse’ if caught in breach of law. The person who checked the pho- tocopy with the original pass- port or identity card must date and sign the record of checks. Any actions, such as contacting UKBA for assis- tance, should be logged. Staff must be notified individually

by the employer in writing about work- ing 20 hours or full time as the entitle- ment allows and change in the working hours of students as advised by UKBA must be notified to the employee. Finally the employer must keep roster of duties duly updated and signed ready for inspection anytime. Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56
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