The document discusses the implications of Brexit on immigration and illegal working rules in the UK. It notes that leaving the EU will involve many changes to laws regarding EU vs UK law, trade deals, human rights, and free movement of people. It provides statistics on penalties issued for illegal working in the first half of 2015 and second half of 2015, which saw large increases. The document outlines current rules around right to work checks and highlights provisions in the Immigration Act of 2015-2016, such as increased prison sentences for employers of illegal workers. It stresses the importance for employers to properly verify work authorization and avoid discrimination. New technologies are presented as a way to help automate and improve the verification process.

1. In or Out does it matter?
Stefan Sosnowski
Director
30th June 2016 (TLC)

2. The road is long……
It’s going to take time and
will involve many changes
– EU vs UK Law
– Trade deals
– WTO (World Trade
Organisation)
– Human Rights
– Free Movement of
people

3. Free Movement and Migration
Migration of people
will change but how?
– Agreement to a
restricted free
movement linked to
trade agreements
– Introduction of a visa
system (points based
or otherwise)
– Greater non-EU
migrants
Until the changes, whatever they are,
today’s rules & guidance still apply.
Figures based on ONS reporting

4. Illegal working civil penalties - penalties issued
between 1 January & 30 June 2015
£10,585,000 in the first 6 months 2015 (avg£19,638 per fine)
representing 859 illegals
Regions
Number of
penalties
Number of
illegal
workers
found
Value of
penalties
issued (£)*
LSE ME NEYH NW SNI WSW
254
405
67
131
52
71
71
92
37
92
58
Key:
LSE - London
& South East
England
ME - Midlands
& Eastern
England
NEYH - North
East England,
Yorkshire &
Humberside
NW - North
West England
SNI - Scotland
& Northern
Ireland
WSW - Wales
& South West
England* This figure is the gross value of penalties issued. The recoverable value will be reduced
due to adjustments made following objections and/or appeals.
68
£870,000£1,677,500£4,995,000 £1,132,500 £835,000 £1,075,000

5. Illegal working civil penalties - penalties issued
between 1 July & 31 December 2015
£21,597,500 for 2nd half of 2015 avg. fine of £17,747 & 1,820 illegals
144% increase in Fines levied vs 1st half 2015
128% increase of illegals found vs 1st half 2015

6. Our statistics
Notwithstanding Cameron’s comments
regarding certain African nations… in 2015
Nigerian documents were by far and away
the largest proportion of fakes being picked
up by our clients.
Over 50% of fake documents reported
were from France and Holland
Frontex (the EU Border Agency) suggests
there were over 8,000 document
fraudsters across the EU in 2015 with a
‘70% year on year rise in fraudulent
documents for UK-Bound migrants’.
Home Office said ‘Since 2010, we have
denied entry to over 100,000 people,
including over 6,500 EU nationals’
Statistics represent reported illegal documents from our client base made up of corporates & the recruitment companies

7. The impact?

8. Right to Work as per the
No Photocopies
or faxes!
Are you sure that the
document holder is
the owner?
Ensure checks are
done before workers
start and you can
prove it

9. Do you employ students?
• Make sure you have proof that they are studying
• Immigration controlled students (Tier 4) - 20hrs per week
Current rules in place - Check the small print
Expired Passports
• Allowable for UK and EEA member states not for others
• Checks on the anniversary expiry of right to work
documents instead of every 12 months
• Expired country ID cards for Europe not accepted
Additional checks you should have for certain documents
• For a number of documents you must received positive
confirmation from the Employer Checking Service before you
employ – remember these are typically valid for 6 months

10. Current rules in place - Check the small print
Re-emphasise - do NOT discriminate
– Use the same process for all applicants
including the same step for checking
Timing of checks
– Before they start & you record the date
of check
– Allow time where additional approval is
needed
– Extension in the time to perform right
to work checks for TUPE transfers up to
60 days

11. A few highlights from the Immigration Act 2015/6
Prison sentence increase 2 to 5 years.
Employers can be arrested if they are suspected of
employing illegal workers.
illegal working is now a criminal offence & earnings
can be seized as criminal proceeds
Landlords are you still toasting? Inspectors powers
to close down licenced premises if illegals are found.
Restricts support to rejected asylum seekers
for appeals.
Employers appeal time to penalties reduced
from 31 to 21 days

12. A few more tasters ….
Harder for a non-UK person to have a UK
driving licence or bank account –
Potential confiscation of the car
Public sector language requirement for a customer
facing role is that they speak fluent English
Defined as “The person has a command of spoken English which is
sufficient to enable the effective performance of the person’s role.”
Enforcement & penalty unclear
A new skills levy of £1,000 on businesses sponsoring
Non-EU migrant workers in the UK.

13. De-risking the employment process
Improve your process & prevent forgeries
Technology can help

14. How Technology can help
Remove the manual subjective process and replace with
technology:
1. Scanners perform authentication (check security features of the
passport)
2. Proceduralise your Right to Work process and incorporate Home
Office guidelines

15. How technology can help – Obtain

16. Technology – process Check, Apply & Save

17. Stefan Sosnowski
Director
30th June 2016 (TLC)
Questions?
Thank you for listening