http://www.legislation.gov.uk/uksi/2004/755/article/3/madeThe Immigration (Restrictions on Employment) Order 2004Immigration and nationalityPassports and visasImmigration controlWork permitsCitizenshipKing's Printer of Acts of Parliament2015-05-22IMMIGRATION Section 8 of the Asylum and Immigration Act 1996 (“the 1996 Act”) provides that an employer commits an offence if he employs a person subject to immigration control who has attained the age of 16, if the employee has not been granted leave to enter, or remain in, the United Kingdom, or if his leave is not valid and subsisting or is subject to a condition precluding him from taking up employment. The Immigration (Restrictions on Employment) Order 2004Sch. Pt. 1 para. 4The Immigration (European Economic Area) Regulations 2006Sch. 5 para. 6(2)(a)reg. 1The Immigration (Restrictions on Employment) Order 2004Sch. Pt. 1 para. 5The Immigration (European Economic Area) Regulations 2006Sch. 5 para. 6(2)(b)reg. 1 3 1 The set of conditions in paragraph (2) and the condition in paragraph (3) are specified for the purposes of section 8(1) of the 1996 Act (no offence committed in employing a person who satisfies such conditions). 2 The set of conditions are that— a the employee had limited leave to enter or remain in the United Kingdom which did not preclude his taking the employment in question; b the employee applied to the Secretary of State for variation of that leave; and c the employee is within the period during which an appeal could be brought or has a pending appeal under Part 5 of the Nationality, Immigration and Asylum Act 2002, against refusal of that application. 3 The employee is permitted to work under the Immigration Rules. 2002 c. 41.