On 29 February 2008, the UK Government introduced new legislation in respect of the prevention of illegal working. This established a regime of civil penalties to be imposed on employers of illegal workers, and a criminal offence of knowingly employing an illegal worker.

The main provisions for sponsored workers and other types of migrant worker are that there is a duty to undergo initial and ongoing checks of a migrant workers documentation and also a responsibility to maintain up-to-date contact details, report unauthorised absences and report any other change in a migrant workers circumstances (sponsored workers only). 

Guidance for Managers

While the worker has a duty to keep the University updated, the University also has a duty to maintain these details and report any changes. As the manager of a migrant worker, you are responsible for ensuring that a migrant worker:

1. Has a current and in date visa. Any concerns or issues with visa expiry dates should be reported to BR-StaffImmigration@exmail.nottingham.ac.uk immediately.
2. Complies with the terms of their visa and any restrictions. If a worker has a restriction on the number of hours they are permitted to work each week, you must ensure that they do not exceed the number of permissible hours in any week. Hours worked cannot be averaged over a period of time. Additional hours or overtime must only be allowed and approved for payment up to the number of permitted hours in that week (Monday to Sunday). You must also check with the visa holder that they have not undertaken any other work (paid or otherwise) for another employer during that week. If they have, those hours must be deducted from the maximum number of hours they are allowed to work. Any concerns should be reported to BR-StaffImmigration@exmail.nottingham.ac.uk immediately.
3. Maintains up-to-date contact details.
4. Reports and you record all types of absence (sickness, annual leave, special leave, unauthorised leave etc.) in the appropriate systems. Any periods of unauthorised absence by a sponsored worker should be reported to the HR Staff Immigration Team by email (BR-StaffImmigration@exmail.nottingham.ac.uk).
5. Reports any changes in their circumstances such as changes to job title, salary, work address, job duties, working hours (sponsored workers only).