OpenLegislation

The Immigration (Restrictions on Employment) Order 2007 in England

S.I. 2007/3290 · Made 15 November 2007 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

IMMIGRATION

Made 15th November 2007

Laid before Parliament 22nd November 2007

Coming into force 29th February 2008

The Secretary of State makes the following order, in exercise of the powers conferred by sections 15(3), 15(7), 16(3), 16(5), 19(2), 23(3) and 25(d) of the Immigration, Asylum and Nationality Act 2006f1.

In accordance with section 19(2)(a) of that Act a draft code of practice specifying factors to be considered by the Secretary of State in determining the amount of a penalty imposed under section 15 has been laid before Parliament.

In accordance with section 23(2) of that Act the Secretary of State has consulted those bodies specified in section 23(2)(a) about a code specifying what an employer should or should not do to avoid contravention of the Race Relations Act 1976f2 or the Race Relations (Northern Ireland) Order 1997f3, published a draft code, considered representations made about the published draft code and has laid a draft code before Parliament, after modifying the code to reflect the representations.

Annotations to the whole text

Footnotes

f1

2006 c.13.

f2

1976 c 74.

f3

S.I. 869 (N.I. 6).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Article 2
  3. 3Excuse from paying civil penalty
  4. 3AArticle 3A
  5. 4Article 4
  6. 4AArticle 4A
  7. 4BExcusal from paying civil penalty: Home Office online right to work checking service
  8. 5Article 5
  9. 5AArticle 5A
  10. 5BExcusal from paying civil penalty: further requirements relating to extension of liability under section 15 of the 2006 Act
  11. 6Article 6
  12. 6AArticle 6A
  13. 7Article 7
  14. 8Objections
  15. 9Article 9
  16. 10Article 10
  17. 11Code of practice: civil penalties
  18. 12Code of practice: discrimination
  19. Signature
  20. Schedule
  21. Part: LIST A
  22. 1Paragraph 1
  23. 2Paragraph 2 Repealed
  24. 3Paragraph 3 Repealed
  25. 4Paragraph 4 Repealed
  26. 4AParagraph 4A Repealed
  27. 4BParagraph 4B
  28. 4CParagraph 4C
  29. 5Paragraph 5 Repealed
  30. 6Paragraph 6
  31. 7Paragraph 7
  32. 8Paragraph 8
  33. 9Paragraph 9
  34. 10Paragraph 10
  35. 11Paragraph 11
  36. 12Paragraph 12
  37. 13Paragraph 13 Repealed
  38. Part: LIST B
  39. Chapter: Part 1
  40. 1Paragraph 1
  41. 2Paragraph 2 Repealed
  42. 3Paragraph 3 Repealed
  43. 3AParagraph 3A Repealed
  44. 3BParagraph 3B
  45. 3CParagraph 3C Repealed
  46. 4Paragraph 4
  47. Chapter: Part 2
  48. 1Paragraph 1 Repealed
  49. 1AParagraph 1A
  50. 1AAParagraph 1AA
  51. 1BParagraph 1B
  52. 2Paragraph 2
  53. Explanatory note

1Citation, commencement and interpretationI1

This order may be cited as the Immigration (Restrictions on Employment) Order 2007 and shall come into force on 29 February 2008.

2I1

In this order—

  • “the 2006 Act” means the Immigration, Asylum and Nationality Act 2006; F1...

  • F2“the 2025 Act” means the Data (Use and Access) Act 2025;

  • F3“digital verification services” has the same meaning as in Part 2 of the 2025 Act (see section 27(2) and (3) of that Act);

  • F4“document” means—

    1. (a)

      an original document, or

    2. (b)

      where the original document is an official document giving a person’s permanent National Insurance Number and their name issued by a Government agency, a digital version of that document issued by the Government agency;

  • “DVS identity check” means the response generated by an RtW DVSP using digital verification services when undertaking identity verification with respect to a person;

  • “DVS register” means the register of persons established and maintained by the Secretary of State under section 32 of the 2025 Act;

  • F5“employee”, except in articles 4(3) and 4B(3), includes a reference to a prospective employee;

  • F6“Home Office Employer Checking Service” means the enquiry and advice service for employers operated by the Home Office;

  • F7“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;

  • F8...

  • ...

  • ...

  • “online right to work check” means the response generated by the Home Office online right to work checking service in relation to a person.

  • “relevant DVS document” means—

    1. (a)

      the digital version (if any) of a document listed in the Schedule provided to an RtW DVSP by a Government department or Government agency,

    2. (b)

      a passport (current or expired by not more than six months) showing that the holder is a British citizen, or

    3. (c)

      a passport or passport card (in either case, whether current or expired by not more than six months) showing that the holder is an Irish citizen;

  • ...

  • “RtW DVSP” means a person registered in the DVS register under section 33(1) of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that Act that the person provides right to work digital verification services;

3Excuse from paying civil penaltyI1

(1)

F1Subject to F2articles 5 and 5B(3) and (4), an employer is excused from paying a penalty under section 15 of the 2006 Act if —

(a)

the employee F3... produces to the employer any of the documents or combinations of documents described in list A in the Schedule to this Order; and

(b)

the employer complies with the requirements set out in article 6 of this order.

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3AF1

(1)

An employer is excused from paying a penalty under section 15 of the 2006 Act if the employer—

(a)

obtains from an F2RtW DVSP a DVS identity check which shows that there exists in relation to the employee a relevant F3DVS document,

(b)

receives from the F4RtW DVSP a clear copy of the F5DVS identity check, and the document checked, in a format which cannot be subsequently altered,

F6(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

complies with the requirements set out in article 6A(2),

(F7e)

obtains from the RtW DVSP—

(i)

confirmation that it is registered in the DVS register and that there is a note in its entry on that register that it provides digital verification services in accordance with the RtW supplementary code, and

(ii)

confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtW supplementary code, and

(f)

where a facial recognition check is conducted by the RtW DVSP for the purpose of confirming the employee’s identity—

(i)

obtains copies of the facial image of the employee within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered,

(ii)

obtains confirmation from the RtW DVSP that the images are of the rightful holder of the relevant DVS document or other document, and

(iii)

securely retains clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end.

(2)

This article is subject to F8articles 5A and 5B(3) and (4).

F9(3)

In this article, “RtW supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to work digital verification services published, or republished as revised, under section 29 of the 2025 Act.

4I1F1

(1)

To the extent provided for by paragraphs (2) and (3) F2and subject to article 5B(3) and (4), an employer is excused from paying a penalty under section 15 of the 2006 Act if—

(a)

the employee F3... produces to the employer any of the documents or combination of documents described in part 1 of list B in the Schedule to this Order; and

(b)

the employer complies with the requirements set out in article 6 of this Order.

(2)

Subject to article 5 an employer will be excused under this article from paying a penalty under section 15 of the 2006 Act for the period for which a document produced under paragraph (1)(a) provides that the employment is permitted.

(3)

If, on the date on which the period specified in paragraph (2) expires, the employer is reasonably satisfied that the employee has an outstanding application to vary his leave to enter or remain in the United Kingdom or the employee has an appeal F4or administrative review pending against a decision on that application, the employer will be excused from paying that penalty for a further period beginning with the date on which the period specified in paragraph (2) expires and ending—

(a)

after 28 days, or

(b)

if earlier, on the date on which the Secretary of State gives the employer written notice that the employee does not have the right to undertake the employment in question.

4AF1

(1)

To the extent provided for by paragraph (2) F2and subject to article 5B(3) and (4), an employer is excused from paying a penalty under section 15 of the 2006 Act if—

(a)

either—

(i)

the employee F3... produces to the employer a document described in F4paragraph 1A, F51AA, 1B or 2 of part 2 of list B in the Schedule to this Order and the employer obtains a Positive Verification Notice issued by the Home Office Employer Checking Service which indicates that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in question; or

(ii)

the employer obtains a Positive Verification Notice issued by the Home Office Employer Checking Service which indicates that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in question; and

(b)

the employer complies with the requirements set out in article 6 of this Order.

(2)

Subject to article 5 an employer will be excused under this article from paying a penalty under section 15 of the 2006 Act for a period of six months, beginning with the date of the Positive Verification Notice obtained under paragraph (1)(a).

4BExcusal from paying civil penalty: Home Office online right to work checking serviceF1

(1)

To the extent provided for by paragraphs (2) and (3) F2and subject to article 5B(3) and (4), an employer is excused from paying a penalty under section 15 of the 2006 Act if—

(a)

the employer uses the Home Office online right to work checking service in respect of an employee;

(b)

the online right to work check confirms that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question;

(c)

the employer has satisfied himself that any photograph on the online right to work check is of the employee;

(d)

the employer retains a clear copy of the online right to work check for a period of not less than two years after the employment has come to an end; F3...

(e)

the employer complies, if applicable, with the requirement in article 6(2); F4and

(f)

where a facial recognition check is conducted by an RtW DVSP for the purpose of confirming the employee’s identity—

(i)

obtains copies of the facial image of the employee from the online right to work check and of the facial image of that person in a format that cannot subsequently be altered,

(ii)

obtains confirmation from the RtW DVSP that the images are of the rightful holder of the document, and

(iii)

securely retains clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end.

(F51A)

Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.

(F62)

Subject to article 5, an employer is excused under this article from paying a penalty under section 15 of the 2006 Act—

(a)

where the online right to work check confirms that the employee has leave to enter or remain on the date that the online right to work check is conducted, for the period for which the online right to work check confirms that the employee named in it is permitted to carry out the work in question;

(b)

where the online right to work check confirms that the employee has a right to work on the date of the check by virtue of a pending application, administrative review or appeal, for six months beginning with the date of the check.

(3)

If, on the date on which the period specified in F7paragraph (2)(a) expires, the employer is reasonably satisfied that the employee has an outstanding application to vary his leave to enter or remain in the United Kingdom or the employee has an appeal or administrative review pending against a decision on that application, the employer will be excused from paying that penalty for a further period beginning with the date on which the period specified in paragraph (2)(a) expires and ending—

(a)

after 28 days, or

(b)

if earlier, on the date on which the Secretary of State gives the employer written notice that the employee does not have the right to undertake the employment in question.

F8(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5I1

An employer is excused from paying a penalty under section 15 of the 2006 Act by virtue of F1article 3(1) F2, article 4(2) F3, article 4A(2) or article 4B(2) F4only if the employee produces the relevant documents to the employer F5, or the employer obtains an online right to work check which confirms that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question, prior to the commencement of employment.

5AF1

An employer is excused from paying a penalty under section 15 of the 2006 Act by virtue of article 3A(1) only if the requirements of article 3A(1) are satisfied before the commencement of employment (other than the requirement in paragraph (1)(d) in so far as it relates to article 6A(2)(b)).

5BExcusal from paying civil penalty: further requirements relating to extension of liability under section 15 of the 2006 ActF1

(1)

Paragraph (2) applies where a person (“A”)—

(a)

is contracted to provide, or arrange for the provision of, work or services and enters into a contract with another person (“C”) under which C is to provide or arrange for the provision of the work or services and C enters into a contract with an individual (“B”) who is to provide the work or services, or

(b)

is an online matching service who provides the details of another person (“C”) who is a service provider to potential clients or customers and as a result of being matched by A, C enters into a contract with a client or customer for the provision of work or services and into a contract with an individual (“B”) who is to provide the work or services.

(2)

Where this paragraph applies, the requirements in relation to the employment of B for the purposes of section 15 of the 2006 Act (excusal of employer from paying a penalty: prescribed requirements) are that—

(a)

before commencement of the work or services by B or, where B substitutes another individual to provide the work or services, that other individual, A has produced a written statement which requires the following terms to be included in the contract between A and C—

(i)

a requirement for C to comply with the requirements for excusal from paying a penalty in relation to B or the other individual (as the case may be);

(ii)

a prohibition of C from entering into a contract with another person for that other person to arrange for the provision of the work or services by an individual unless—

(aa)

A has consented in writing, and

(bb)

that other person who is to enter into a contract with the individual complies, in respect of the individual, with the requirements for excusal from paying a penalty;

(iii)

permission for A, whenever A so requests, to conduct audits of C’s compliance with—

(aa)

the requirement referred to in paragraph (i), and

(bb)

the prohibition referred to in paragraph (ii);

(iv)

enforcement provisions against C where—

(aa)

contrary to section 15 of the 2006 Act, C employs an adult subject to immigration control in the circumstances set out in subsection (1) of that section, and

(bb)

C is not excused from paying a penalty by virtue of subsection (3) of that section;

(v)

the requirement for C to include in its contract with B enforcement provisions against B where C knows, or has reasonable cause to believe, that B is committing an offence under section 24B of the Immigration Act 1971 (illegal working);

(vi)

the requirement for C to cooperate with any investigation by the Secretary of State relating to the employment or suspected employment by C of an adult subject to immigration control contrary to section 15 of the 2006 Act by providing the following information to the Secretary of State—

(aa)

in respect of the chain of contracts ending with and including the contract between C and B, the make-up of the chain and the purpose of each contract in it,

(bb)

in respect of each contracting party other than B in the chain of contracts, its official name, whether it is a sole trader, body corporate or unincorporate or partnership and, if it is a partnership, the type of partnership, its registered address or, where it does not have one, its principal place of business, and, if applicable, its company registration number, and

(cc)

any other information which the Secretary of State considers is, or may be, relevant to the investigation; and

(b)

for the duration of B’s employment, A maintains systems and processes that ensure that the individual who is providing the work or services is the same individual.

(3)

Nothing in the articles referred to in paragraph (5)(c) applies to A in the circumstances set out in paragraphs (1) and (2).

(4)

Where a person (“D”) employs an individual (“E”) to provide work or services, the requirements in relation to the employment of E for the purposes of section 15(3) of the 2006 Act are that—

(a)

where there is a clause in the contract of employment which permits E to substitute another individual (“F”) to provide the work or services—

(i)

D complies, in relation to F as well as E, with the requirements for excusal from paying a penalty,

(ii)

D prohibits F from providing the work or services before D has complied with those requirements in relation to F, and

(iii)

D has included in the contract enforcement provisions against E—

(aa)

where D or E knows, or has reasonable cause to believe, that F is committing an offence under section 24B of the Immigration Act 1971, and

(bb)

where D is unable to meet the condition in paragraph (i) due to F’s failure to cooperate with D; and

(b)

for the duration of E’s employment, D maintains systems and processes that ensure that E, or, as the case may, be F is the same individual.

(5)

In this article—

(a)

a reference to “work or services” includes part of the work or services;

(b)

“enforcement provisions” means provisions to prevent illegal working which may include but are not limited to provisions for the suspension or termination of the contract; and

(c)

“the requirements for excusal from paying a penalty” means the requirements set out in—

(i)

articles 3(1), 5 and 6,

(ii)

articles 3A, 5A and 6A(2),

(iii)

articles 4, 5 and 6,

(iv)

articles 4A, 5 and 6, or

(v)

articles 4B, 5 and 6(2).

6I1

F1(1)

The requirements in relation to any documents or combinations of documents produced by an employee pursuant to F2article 3, 4 or 4A of this order are that—

(a)

the employer takes all reasonable steps to check the validity of the document F3and retains a record of the date on which any check was made;

(b)

the F4clear copy or copies are retained securely by the employer for a period of not less than two years after the employment has come to an end;

(c)

if a document contains a photograph, the employer has satisfied himself that the photograph is of the F5... employee;

(d)

if a document contains a date of birth, the employer has satisfied himself that the date of birth is consistent with the appearance of the F6... employee;

(e)

the employer takes all other reasonable steps to check that the F7... employee is the rightful owner of the document;

(f)

if the document is not a passport F8... the employer retains a F9clear copy of whole of the document in a format which cannot be subsequently altered; F10... F11and

F12(g)

if the document is a passport F13..., the employer retains a F14clear copy of the following pages of that document in a format which cannot be subsequently altered—

F15(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

any page containing the holder’s personal details including nationality;

(iii)

any page containing the holder’s photograph;

(iv)

any page containing the holder’s signature;

(v)

any page containing the date of expiry; and

(vi)

any page containing information indicating the holder has an entitlement to enter or remain in the UK and undertake the work in question F16.

F17(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(1A)

Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.

F19(2)

A further requirement, if the employee F20... is a student who has permission to work for a limited number of hours per week during term time whilst studying in the United Kingdom, is that the employer must obtain and retain details of the term and vacation dates of the course that the employee ... is undertaking.

6AF1

F2(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The requirements mentioned in article 3A(1)(d) are that—

(a)

the employer is satisfied that the photograph of the individual contained in the information received by the employer in accordance with article 3A(1)(b) is of the employee;

(b)

the employer retains a clear copy of the F3DVS identity check, and the document checked, for a period of not less than two years after the employment has come to an end.

7I1

Nothing in this Order permits employers to retain documents produced by an employee F1or the Home Office for the purposes of F2article 3, F34, 4A or 4B for any period longer than is necessary for the purposes of ensuring compliance with article 6.

8ObjectionsI1

The manner prescribed in which the notice of objection must be given is that it must contain—

(a)

the reference number of the notice given under section 15(2) of the 2006 Act;

(b)

the name and contact address of the employer;

(c)

the name and contact address of the employee in respect of whom the penalty was issued;

(d)

the full grounds of objection;

(e)

where the employer requests permission to pay by instalments, full details of the employer’s ability to pay the penalty;

(f)

confirmation and details of any appeal made by the employer to a County Court or Sheriff Court on the basis that the employer is not liable to the penalty, he is excused payment by virtue of section 15(3) of the 2006 Act, or that the amount of the penalty is too high; and

(g)

any documents to be relied upon in support of the objection.

9I1

The prescribed period within which a notice of objection must be given for the purposes of section 16(3)(d) of the 2006 Act is 28 days, beginning with the date specified in the penalty notice as the date upon which it is given.

10I1

The period prescribed for the purposes of section 16(5)(b) of the 2006 Act within which the Secretary of State must inform the objector of his decision is 28 days, beginning with the date on which the notice of objection was given to the Secretary of State.

11Code of practice: civil penaltiesF1

The revised code of practice entitled “Code of practice on preventing illegal working: Right to Work Scheme for employers”, issued by the Secretary of State on 24th June 2026 under section 19(1) and (3) of the 2006 Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026.

12Code of practice: discriminationF1

The revised code of practice entitled “Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working”, issued by the Secretary of State on 24th June 2026 under section 23(1) and (5) of the 2006 Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026.

Signature

Liam Byrne

Minister of State

Home Office

15th November 2007

1

F1... A passport F2(current or expired) showing that the holder F3... is a British citizen F4....

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4AF1

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4BF1F2

A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen.

4CF1

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).

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

F1A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.

7

F1A current immigration status document issued by the Home Office F2... to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

8

A F1... birth certificate issued in the United Kingdom ..., when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

9

F1An adoption certificate issued in the United Kingdom F2... when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

10

A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

11

An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

12

A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

13F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1F1

A current passport endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question.

2F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3AF1F2

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3BF1F2

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).

3CF1F2F3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F1

A current immigration status document containing a photograph issued by the Home Office to the holder with an endorsement indicating that the person named in it is allowed to stay in the United Kingdom and is allowed to do the work in question, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or previous employer.

1F1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1AF1F2

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 rules on or before 30th June 2021.

1AAF1F2F3

A Certificate of Application 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 rules on or after 1st July 2021.

1BF1F2F3

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man, 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, or Appendix EU to the Isle of Man Immigration Rules (as the case may be).

2F1

An application registration card issued by the Home Office stating that the holder is permitted to take the employment in question.

Explanatory note

(This note is not part of the Order)

Article 3 together with the Schedule describe how an employer will be excused from paying a penalty under section 15 of the Immigration, Asylum and Nationality Act 2006 for either the duration or the remainder of the employment.

Article 4 together with the Schedule describe how an employer will be excused from paying a penalty under section 15 of the 2006 Act for limited periods.

Article 5 together with the Schedule provides that an employer is only excused from paying a penalty if documents have been provided prior to the commencement of employment.

Article 6 sets out requirements on an employer in relation to documents obtained by them from an employee.

Article 7 prevents employers from retaining documents for any period longer than is necessary for the purposes of satisfying article 6.

Article 8 prescribes the manner in which an objection against a penalty must be made.

Article 9 prescribes the period in which an objection must be made.

Article 10 prescribes the period within which the Secretary of State must inform the objector of her decision.

Article 11 brings into force the code of practice specifying factors to be considered by the Secretary of State in determining the amount of a penalty.

Article 12 brings into force the code of practice specifying what an employer should or should not do in order to ensure that, while avoiding liability to a penalty, and while avoiding committing an offence, he also avoids contravening race relations legislation.