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10 Checklist items for action when employing migrant workers in the Healthcare Sector

Comply with the terms of the Immigration, Asylum and Nationality Act 2006 to establish country of origin by,

1. Asking for, obtaining, and copying appropriate original documents (e.g. Passport, Workers Registration document, identity card, sponsorship certificate, birth certificate).

2. Checking, within reason, that the potential employee is the rightful holder of the document.

3. If the applicant is an EEA national (Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Lichtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden, Switzerland) he/she is fully free to work just as a local work seeker.

4. A8 nationals (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovak Republic and Slovenia) should have a Workers Registration document (the worker applies to the Home Office) for the first year of work. (This is voluntary but in the interests of the work seeker for the purpose of qualifying for benefits).

5. A2 Nationals (Bulgaria and Romania) will need to qualify as;

  • Highly Skilled professionals (including many of the medical professions) or,
  • If they have passed UK Borders Agency tests for Highly Skilled Programmes or,
  • If they are attending a reputable college in the UK.

6. ANY other nationals (or A2 nationals other than for point 5 above)

  • ID card if arrived after 25/11/08
  • Existing work permit if before
  • A maximum of 24,100 skilled workers will be admitted into the UK up until April 2011.

7. AFTER employing, check the right to work annually especially if employing workers outside EEA and A8.

8. If employing through Employment Agencies check the operating provisions laid down by the Department for Employment and Learning at,

http://www.delni.gov.uk/index/er/employment-agency-and-business-regulations-2.htm(opens new window)

9. After employing ensure compliance with National Minimum Wage and the provisions of the Working Time Regulations under the A-Z section of this website with particular reference to matters referring to Rest Periods and Breaks.

10. Illegally employing workers could mean a £10,000 fine, per worker, AND in some cases a custodial prison sentence.