The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021
In accordance with section 19(2)(a) of the Immigration, Asylum and Nationality Act 2006, a draft revised code of practice specifying factors to be considered by the Secretary of State in determining the amount of a penalty imposed under section 15 of that Act has been laid before Parliament.
In accordance with section 32(6)(a) of the Immigration Act 2014, a draft revised code of practice for the purposes of Chapter 1 of Part 3 of that Act has been laid before Parliament.
Citation, commencement and extent
1.
(1)
This Order may be cited as the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021 and comes into force on 1st July 2021.
(2)
This article and articles 4, 5, 6, 7 and 8 extend to the United Kingdom.
(3)
Articles 2 and 3 extend to England and Wales.
Amendments to the Licensing Act 2003 (Personal licences) Regulations 2005
2.
(1)
(2)
For the form in Schedule 1, substitute the form in Schedule 1 to this Order.
Amendments to the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005
3.
(1)
(2)
For the form in Schedule 2, substitute the form in Schedule 2 to this Order.
(3)
For the form in Schedule 6, substitute the form in Schedule 3 to this Order.
(4)
For the form in Schedule 7, substitute the form in Schedule 4 to this Order.
Amendments to the Immigration (Restrictions on Employment) Order 2007
4.
(1)
(2)
““Home Office online right to work checking service” means the electronic system allowing employers to check whether a person is allowed to work in the United Kingdom and, if so, the nature of any restrictions on that person’s right to do so;”;
““online right to work check” means the response generated by the Home Office online right to work checking service in relation to a person.”.
(3)
In article 4A(1)(a)(i), for “paragraph 1” substitute “paragraph 1A, 1B”.
(4)
In article 4B, omit paragraph (4).
(5)
In List A in the Schedule—
(a)
omit paragraphs 2 to 4;
(b)
“4A.
A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.
4B.
A passport or passport card showing that the holder is a national of the Republic of Ireland.
4C.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules8, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 20089 or Appendix EU to the Isle of Man Immigration Rules10 (as the case may be).”.
(6)
In Part 1 of List B in the Schedule—
(a)
omit paragraph 3;
(b)
“3A.
A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.
3B.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain, under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).
3C.
A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 202011.”.
(7)
In Part 2 of List B in the Schedule—
(a)
omit paragraph 1;
(b)
“1A.
A document issued by the Home Office showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules12 on or before 30th June 2021.1B.
A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.”.
Amendments to the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014
5.
(1)
(2)
“(cc)
they have made an application for leave to enter or remain under Appendix EU to the immigration rules on or before 30th June 2021, or”.
(3)
(4)
In List A(1) in the Schedule—
(a)
“1A.
A passport or passport card showing that the holder is a national of the Republic of Ireland.
1B.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).”;
(b)
omit paragraphs 2 to 4;
(c)
in paragraph 5, for “permanent residence card (current or expired)” substitute, “current permanent residence card”.
(5)
“6.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Landlord Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).
7.
A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Landlord Checking Service, showing that the holder has made an application for limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.
8.
A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”.
Amendments to the Illegal Working Compliance Orders Regulations 2016
6.
(1)
(2)
In Schedule 1—
(a)
“1A.
A current or expired passport or passport card showing that the holder is a national of the Republic of Ireland.
1B.
A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely.
1C.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).”;
(b)
omit paragraphs 2 to 4.
(3)
In Schedule 2—
(a)
omit paragraph 3;
(b)
“3A.
A document issued by the Home Office to a family member of an EEA or Swiss national, which has not expired, and which indicates that the holder is permitted to stay in the United Kingdom for a time limited period and to do the type of work in question.
3B.
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules (as the case may be).
3C.
A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 (as the case may be), on or before 30th June 2021.
3D.
A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”.
Codes of Practice
7.
8.
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
This Order makes a number of changes to the documents which can be produced in order to evidence an individual’s right to work in the United Kingdom or enter into a tenancy agreement in England.
Articles 2 and 3 amend several of the Schedules to both the Licensing Act 2003 (Personal licences) Regulations 2005 (S.I. 2005/41) and the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 (S.I. 2005/42). The forms prescribed in those Schedules set out the detailed requirements relating to applications and notices given or made under Part 3 and Part 6 of the Licensing Act 2003 (c. 17). Articles 2 and 3 substitute new forms for those applications and notices, with updated references to documents to evidence an individual’s entitlement to work in the United Kingdom.
An employer is excused from paying a penalty under section 15 of the Immigration, Asylum and Nationality Act 2006 (c. 13) if the employee produces to the employer any of the documents described in the Schedule to the Immigration (Restrictions on Employment) Order 2007 (S.I. 2007/3290) (“the 2007 Order) and if the employer complies with the requirements prescribed under article 6 of that Order. Additionally, paragraph 5 of Schedule 6 to the Immigration Act 2016 (c. 19) empowers a court to make an illegal working compliance order to prevent an employer from employing an illegal worker. The Illegal Working Compliance Orders Regulations 2016 (S.I. 2016/1058) (“the 2016 Regulations”) prescribe the right to work checks which a court may require a person specified in an illegal working compliance order to carry out, and the documents which a court may require a person specified in an illegal working compliance order to produce to an immigration officer.
Articles 4 and 6 amend the 2007 Order and the 2016 Regulations to amend the list of documents which can give rise to a statutory excuse or which a court may require a person to produce to an immigration officer under the 2007 Order and the 2016 Regulations, respectively.
Chapter 1 of Part 3 of the Immigration Act 2014 (“the Act”) provides a statutory excuse for landlords and their agents from being required to pay a civil penalty if they conduct prescribed eligibility checks on prospective occupiers and those occupiers who are renewing their tenancy agreements. The Immigration (Residential Accommodation) Prescribed Requirements and Codes of Practice) Order 2014 (S.I. 2014/2874) (“the 2014 Order”) sets out the prescribed requirements for eligibility checks which must be complied with by landlords and agents when entering into a residential tenancy agreement.
Article 5 amends the 2014 Order to amend the list of documents which can give rise to a statutory excuse.
Article 7 provides for a revised code of practice to come into force on the same day as this Order comes into force, reflecting the changes made to the 2007 Order and the 2016 Regulations by this Order.
Article 8 provides for a revised code of practice to come into force on the same day as this Order comes into force, reflecting the changes made to the 2014 Order by this Order.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.