ID Cards For Foreign Nationals
The UKBA has recently introduced a scheme of compulsory ID cards for Foreign Nationals as part of it's policy to improve security and reduce illegal immigration.This scheme
applies to non EEA nationals who are applying for Leave to Remain in the UK. However,
it does not apply to Foreign Nationals applying for Indefinite Leave to Remain (Settled
Status) or to people who already have Settled Status.
The ID card contains ‘biometrics', (biological data unique to each individual, such
as finger prints/iris pattern in the eye ). It confirms the identity, nationality,
and immigration status of the holder. It will be a Residence Permit
and will replace the system of passport stamps, (vignettes).
How the ID card scheme affects UK Employers
As employers, it is essential that you are aware of these changes because it affects
your legal obligation to prevent illegal working in the UK and your Sponsor Duties
if you are a Licensed Sponsor under the Points Based System.
Under the 2006 ImmigrationAct 2006,
all employers, including those who are not Licensed Sponsors employing workers under
the Points Based System, are legally required to ensure that they do not employ
an individual who is not entitled to reside or to work in the UK. Any employer which
employs an illegal worker could be liable for a civil penalty of up to £10, 000
per illegal worker and possible criminal action.
An employer must carry out checks and take copies of immigration documents and passports.
An employer must check the ID cards of Foreign National employees, take a copy and
keep it on file.
Those who have limited leave in the UK and who are not yet part of ID card scheme
will still have immigration stamps on their passport. You must still take a copy
of the passport and check the stamps to verify if you are legally entitled to employ
the worker.
It is important that you know which of your Foreign National employees should
have an ID card, which ones will still have a Stamp in their passport, and which
ones will not be affected by the ID card scheme. Remember that not all Foreign National
will are required to have an ID card
Which Foreign Nationals must have an ID card now?
As ID cards are being phased in, not all Foreign Nationals applying for leave in
the UK will have an ID card. UKBA plan that by 2011, all Foreign Nationals from
outside the EEA who are applying to extend their stay in the UK, or who are applying
to come to the UK for more than six months, will be issued with an ID card.
From 25/11/08, Foreign Nationals from outside the EEA who apply
for Leave to Remain in the UK as spouse/ civil partner/ same sex partner/unmarried
partner of a person with permanent residence in the UK, or as a student, and dependents
of these individuals, have been required to also apply for an ID card.
From 31/03/09, the categories of Foreign National who must also apply for an ID
card has been expanded. In addition to those categories that the scheme applied
to from 25/11/08, the basic categories below must also apply for an ID card and
provide their biometrics when they apply for leave in the UK.
- Students under Tier 4 of the Points Based System (which went live on 31/03/09).
- Postgraduate doctors & dentists.
- Academic visitors granted leave for more than 6 months.
- Visitors for private medical treatment where they need to extend their stay to complete
the treatment.
- Domestic workers in private households who came to the UK with a person entitled
to live in the UK and are applying to extend their stay in the UK based on their
employment as domestic workers.
- Sole representatives.
- Retired persons of independent means.
- Those applying to transfer existing conditions from one immigration document to
another.
- Dependents of the above groups.
Note: There are specific conditions which apply to each category.
