International Organization for Migration (IOM)

Improving Access to Labour market Information for migrants and employers
200
before people travel to the United Kingdom. Indeed, it is thought that the largest
proportion of the total number of irregular migrants in the United Kingdom is likely
to comprise ‘overstayers’ (that is, people who have remained in the United Kingdom
after their visa has expired 118 ) rather than illegal entrants. From 2008 the rollout by
the UKBA of biometric residence permits (BRPs) 119 to nationals from outside the
EEA who are granted permission to stay in the United Kingdom for more than six
months can help employers by providing a secure means to check an individual’s
identity, immigration status and their entitlement to work. Previously employers
were faced with a range of documents held by potential migrant workers which were
difficult to verify.
Patterns of irregular employment of migrants
The clandestine nature of irregular migration and the lack of a common definition
mean that it is difficult to produce robust estimates of the irregular migrant population
in the United Kingdom and of the scale of irregular employment of migrants (Mulley,
2010). Woodbridge (2005) estimated that there was an irregular migrant population
of 430,000 (this is a central estimate within a range of 310,000 to 570,000) in 2001.
Subsequently, Gordon et al. (2009) produced an estimate of 618,000 (within a range
from 417,000 to 863,000). Alongside these estimates, administrative data reflecting
operational activity can be used to provide an indication of some types of irregular
migration-related behaviour (Toms and Thorpe, 2011). By definition, it is illegal to
employ irregular migrants.
It is difficult to conduct research on irregular employment of foreign workers as
employers are unlikely to be willing to take part in research, and if they do, to admit
openly the full nature of their practices. Rather, it is easier to gather information
on perceptions of such practices. In a study of employers’ use of migrant labour120 conducted before the introduction of the PBS, Dench et al. (2006) found that
some employers reported that they were unaware of illegal working, whereas
others actually were or had been recruiting illegally. This was reportedly owing
to their ignorance concerning registration procedures and their responsibilities as
employers. While many employers said they made careful checks on employees,
expressing concern over fines and possible repercussions, some found that the
procedures were too time-consuming to deal with. 121 Many employers recruited
through agencies and some employers assumed agencies made appropriate checks.
118 Hence the onus on employers to check that employees are entitled to remain (and to work) in the
United Kingdom.
119 BRPs are the size of a credit card and contain the holder’s unique biometric identifiers (fingerprints and
facial image) within a chip. The document also displays the facial image and biographical information.
BRPs provide foreign nationals who have a legitimate right to be in the United Kingdom with evidence
of their identity and immigration status.
120 The study involved face-to-face, in-depth semi-structured interviews with 124 employers across
London, East Anglia and north-east England in five employment sectors, plus 20 interviews with
labour providers and representatives of trade unions and employer organizations.
121 Numbers/percentages of employers providing specific responses to questions are not available in the
report; (this reflects the qualitative and indicative nature of the study).