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Glossary for employing migrant workers

Last updated: 05 April 2022

Glossary for employing migrant workers

A2 countries

These are Bulgaria and Romania. They became members of the European Union with effect from 1 January 2007. Workers from these countries do not have the same rights to work in the UK as other and must have authorization from the Home Office before starting work.

 

A8 countries

These are 8 of the ten new countries which joined the European Union and the European Economic Association on 1 May 2004. The A8 countries are Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. Workers from these countries need to register if they want to work in the UK.

 

Application registration card

This is currently issued by the Home Office to all new asylum seekers. It is a secure document which confirms evidence of the holder’s identity.

 

Asylum seeker

An individual with an outstanding claim for asylum under the 1951 United National Convention relating to the Status of Refugees, or under Article 3 of the Human Rights Act.

 

Au pairs

A single person aged between 17 and 27 from certain countries can come to the UK to study English and work only as an au pair.

 

BUNAC scheme

This scheme allows 4,000 students from the USA to enter the UK each year for a period of six months. The US has a similar scheme for UK students.

 

Commonwealth

Current members of the Commonwealth are: Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Botswana, Brunei, Canada, Cameroon, Cyprus, Dominica, Fiji, The Gambia, Ghana, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, Vanuatu, Western Samoa, Zambia and Zimbabwe. But the list does change so look at the Foreign and Commonwealth Office website should be contacted for updated information.

 

Defence

Your statutory ‘defence’ as an employer is the evidence that you put together to demonstrate that you took reasonable steps to ensure that your workforce are employed legally. This means requesting, checking and copying specified original documents and retaining copies should Immigration Services request them. Ideally use the online compliance tool on the employing migrant workers website and you will have your defense. www.employingmigrantworkers.org.uk

 

Domestic workers

Domestic workers are only given permission to enter the UK in conjunction with their employer and cannot take up any other employment.

 

European Economic Area countries

The EEA consists of EU Countries plus some others: EU Countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden and the United Kingdom. In addition, Iceland, Norway and Liechtenstein are members of the EEA. Switzerland is not a member of the EEA, but since 1 June 2002, Swiss nationals and their families benefit from similar rights to EEA nationals on freedom of movement and work.

 

European Union countries

Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden and the United Kingdom.

 

Fresh Talent: Working in Scotland

A scheme whereby graduates from Scottish university are allowed to remain to work in the UK for up to 2 years following qualification at degree or higher degree level.

 

Highly skilled migrant workers

This is an individual migration route for the most highly skilled migrants to come to the UK for work or self-employment opportunities.

 

Immigration status document

A document which contains a UK Residence Permit and grants the holder Limited/Indefinite Leave to Enter or Remain in the UK.

 

Indefinite leave to enter/remain

This is the immigration status granted by the Home Office to those foreign nationals who qualify for settlement or permanent residence in the United Kingdom. A person granted this status has no immigration restrictions placed on the work they may carry out in the UK, and no time limited on their stay.

 

Leave to remain

When a non-EEA national is permitted to stay in the UK, they are granted leave to remain by the Government.

 

Leave to enter

When permission is given for a non-EEA national to enter the UK from outside, this is referred to as ‘leave to enter’.

 

Limited leave to enter/remain

A form of leave granted to non-EEA national which permits them a limited period of stay in the UK. Some nationals will be able to take employment as part of their limited leave, although immigration restrictions may be imposed on the types of work they can do during their stay here. This is also often referred to as ‘current’ or ‘subsisting’ leave.

 

National Insurance number

A National Insurance Number is a personal number issued to monitor an individual’s National Insurance contributions and credited contributions. It is also used as a reference number for individuals within the social security system.

 

Refugee status

Granted to those asylum seekers who are recognized by the Home Office in accordance with the criteria set out in the 1951 United Nations Convention relating to the Status of Refugees, or since October 2000, under Article 3 of the Human Rights Act.

 

Science and Engineering Graduates scheme

From the summer of 2004, selected graduates from UK institutions in the physical sciences, maths and engineering have been able to stay in the UK and look for work following their graduation under SEGS. Further details are available on www.workingintheuk.gov.uk

 

Seasonal Agricultural Workers scheme

This scheme allows students aged 18 + from countries outside the EEA to take short-term casual work in the UK agricultural sector. From 2007, this scheme will be amended and applications will be limited to Romanian and Bulgarian nationals only.

 

Standard acknowledgement letter

A document issued by the Home Office to asylum seekers upon application for asylum. This has now been replaced by the Application Registration Card (ARC).

 

Students

Students from outside the EEA who are aged 16+ are permitted to take some work, providing their conditions of entry to the UK allow this. Students are not permitted to work for more than 20 hours per week during term time, but may work full time outside of their term time. They must still have valid leave when working.

 

United Kingdom Resident Permit (UKRP)

The UKRP is a passport endorsement which authorizes an individual to stay in the UK. It is attached either to an individual’s passport, or to their Immigration Status Document. The UKRP is issued in the UK for those seeking to further their stay here.

 

Work permits

Work permit arrangements allow employers based in the UK to employ people from countries outside the EEA, if they have been unable to recruit an EEA national, or if the job is in a recognized shortage category.

 

Work Permits UK

This is part of the Border and Immigration Agency of the Home Office. It administers work permit arrangements on behalf of the UK Government and also operates the Worker Registration Scheme (WRS).

 

Worker Registration scheme

This is the scheme established by the Home Office to monitor the participation of A8 workers in the UK labour market.

 

Working Holiday Maker scheme

The working holidaymaker scheme enables 17 – 30 year-old Commonwealth nationals to come to the United Kingdom for up to two years for a working holiday. They are permitted to work here to supplement their funds, but must be able to support themselves without relying on welfare benefits. Working holidaymakers may only stay in the UK as such for a maximum of two years and may only register on the working holidaymakers scheme once. You will be able to establish whether someone has this working holidaymaker status by checking for an endorsement or stamp in their passport which will clearly state that they are in the UK under this scheme. There are limits imposed on those applied under this scheme, on or after 8 February 2005.

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