Employment of Overseas Employees - the Royal Cornwall Hospitals ...

Document Title 

Type of document 

Brief summary of contents 

Executive Director responsible for 

Policy: 

Directorate / Department responsible 

(author/owner): 

Employment of Overseas Employees 

(Prevention of Illegal Working) Policy 

Corporate: Non Clinical 

Processes to follow in the recruitment and 

maintenance of employing overseas workers 

within the Royal Cornwall Hospitals NHS 

Trust 

Director of Human Resources and 

Organisational Development 

Claire Leaver 

Human Resources 

Contact details: 01872 253240 

Date written: 19 September 2008 

Date revised: March 2012 

This document replaces: 

Approval route/consultation: 

Divisional Manager confirming 

approval processes 

Signature of JCNC Chair 

Suzanne Grice-Renault 

Procedure for Employing Migrant Workers 

JCNC/ JLNC/ EMT/Divisional Managers 

Sophie Scott 

Deputy Director of Human Resources 

(Original copy signed) 

Signature of JLNC Chair 

Jonathan Lord 

Equality Impact Assessment appended 

Approval must not be given if the EIS 

is not attached 

Signature of Executive Director giving 

approval 


Yes 


Publication Location : Internet & Intranet Intranet Only 

Document Library Folder/Sub Folder: 


Date of final approval: March 2012 

Date policy becomes live: 19 March 2012 

Date due for revision: 19 March 2015

Links to key external standards 

Related Documents: 

Suggested Keywords: 

Training Need Identified? 

NHSLA Standard 1.10 

Care Quality Commission Output 12 (A) 

• Recruitment User Guide 

• NHS Border and Immigration Code 

of Practice 

• NHS Right to Work Checks 

(October 2010) 

Recruitment, Immigration, Work Permits, 

Tier 2 

No formal requirement but please refer to 

policy briefing sheet 

This document is only valid on the day of printing 

Controlled Document 

This document has been created following the Royal Cornwall Hospitals NHS Trust 

Policy on Document Production. It should not be altered in any way without the 

express permission of the author or their Line Manager. 


(Prevention of Illegal Working) policy 

March 2012

Employment of Overseas Employees (Prevention of 

Illegal Working) Policy 

V2.0 

March 2012 



March 2012 

Page 3 of 25

Version Control Table 

Date 

Version 

No 

Summary of Changes 

19.09.08 V1.0 General Principles 

Final amendments approved; EIA 

Completed; document published 

March 

2012 

V2.0 Early review required to ensure compliance with 

the Immigration, Asylum and Nationality Act 

2006. 

Reformatted to ensure compliance with Trust 

‘Policies on Policies’ document. 

Changes Made by 

(Name and Job Title) 

Wendy Wakeley 


Claire Leaver 


All or part of this document can be released under the Freedom of Information Act 

2000 

This document is to be retained for 10 years from the date of expiry. 



March 2012 


Table of Contents 

1. Introduction...................................................................................................................6 

2. Purpose of this Policy ...................................................................................................6 

3. Scope ...........................................................................................................................7 

4. Definitions / Glossary....................................................................................................7 

5. Ownership and Responsibilities....................................................................................7 

6. Standards and Practice ................................................................................................9 

7. Dissemination and Implementation.............................................................................13 

8. Monitoring compliance and effectiveness ...................................................................14 

9. Updating and Review..................................................................................................14 

10. Equality and Diversity .................................................................................................14 

Appendix 1.Initial Equality Impact Assessment Screening Form .......................................16 

Appendix 2. List A - Documents showing an ongoing right to work…………………………18 

Appendix 3 List B - Documents showing an ongoing right to work (up to 12 months)…….19 

Appendix 4 Process for employing overseas employees…………………………………….20 

Appendix 5 Maintaining a defence against illegal working for existing employees .………21 

Appendix 6 Copy of the central store database ………………………………………….…...22 

Appendix 7 12 month Immigration Documentation Check …………………………………..23 

Appendix 8 Notification of Tier 1 expiry letter .………………………………………….….….24 



March 2012 


1. Introduction 

1.1 With the implementation of the Immigration, Asylum and Nationality Act 2006, from 

29 February 2008 the Trust is liable for fines of up to £10,000 1 for knowingly 

employing illegal workers. The Trust’s Authorising Officer will also face prosecution 

for knowingly employing illegal workers which carries a maximum 2-year prison 

sentence. 

1.2 The Act has also introduced a continuing responsibility for the Trust to check the 

ongoing entitlement of overseas workers to work in the UK. 

1.3 The Act provides that, in order to be excused from liability for a civil penalty, the 

Trust will carry out specified document checks at the point of recruitment and make 

subsequent checks at specified intervals for overseas employees who have limited 

leave (permission) to remain in the UK. Where the Trust is found to be employing 

an illegal worker, the level of fine will depend on the nature of the checks the Trust 

has undertaken. 

1.4 If the Trust has employed illegal migrants between 27 January 1997 and 28 

February 2008, it may be liable for prosecution under the 1996 Act which carries 

different penalties and sanctions. 

1.5 This version supersedes any previous versions of this document. 

2. Purpose of this Policy 

The purpose of this policy is to: 

ensure that the Trust complies with its legal responsibilities in line with the 

Immigration, Asylum and Nationality Act 2006, by ensuring that all employees 

of the Trust hold the appropriate documentation to ensure they have the 

entitlement to work. 

 

 

provide guidance on the checking of appropriate documentation:- 

• at the pre-employment stage, 

• and the recruitment stage 

• and during employment 

to ensure ongoing compliance with the Act. 

ensure that the Trust complies with the law in a non-discriminatory way in line 

with the Border and Immigration Agency’s Code of Practice, a copy of which 

can be obtained from the Home Office Website on the prevention of illegal 

working. 

1 As at 2008 . 



March 2012 


3. Scope 

This policy applies to all employees, including Kernowflex workers, of the Royal 

Cornwall Hospital NHS Trust and has been developed in consultation with Staff 

Side Representatives. 

4. Definitions / Glossary 

4.1 A Work Permit provides permission to work in the United Kingdom to someone 

who has no automatic right to work here but has met the requirements to be 

allowed to do so. 

4.2 The Tier 1 (General) - highly skilled worker is a category of the points-based 

system for coming to the United Kingdom to work, train or study. It applies to people 

who are looking for highly skilled employment in the United Kingdom, or are selfemployed 

or setting up a business. 

4.3 The Tier 2 (General) - skilled worker is a category of the points-based system for 

coming to the United Kingdom to work, train or study. It applies to skilled people 

with a job offer who are looking for employment in the United Kingdom, or are selfemployed 

or setting up a business. 

4.4 Shortage occupations are specific types of work that have been officially listed as 

ones for which there are not enough resident workers to fill available jobs. 

Employers who wish to hire a worker from outside the European Economic Area to 

fill a vacancy that is on a list of shortage occupations may do so without carrying out 

a resident labour market test. 

4.5 Sponsor duties are the responsibilities organisations have when they sponsor 

migrants under the points-based system. The duties are record keeping, reporting, 

compliance, co-operating with the UK Border Agency and tier specific duties. 

4.6 Sponsorship management system is provided by the UK Border Agency and is 

an IT system used by organisations that sponsor migrants under the points-based 

system. It allows sponsors to allocate certificates of sponsorship to migrants, carry 

out the administrative functions necessary to comply with their sponsor obligations 

and duties, and communicate information to the UK Border Agency. 

4.7 The Authorising Officer will be responsible for the activities of all users of the 

sponsorship management system, including representatives. All users must comply 

with Border Agency requirements for using the system. 

4.8 The Trust Level 1 user will conduct day-to-day sponsorship activities by using 

the sponsorship management system. 

5. Ownership and Responsibilities 

Overall responsibility for the implementation of the policy lies with the Chief 

Executive. The duty is delegated, on a day to day basis, to the Trust’s designated 

Authorising Officer. 



March 2012 


5.1 Role of the Line Managers/Recruiting Manager 

5.1.1 The recruiting manager is responsible for: 

checking the validity of the original documents to ensure that the applicant is 

the rightful owner of the documents presented (please refer to Section 6.4) 

copying the required documents and storing the copies on the personal file 

(please refer to Section 6.5). 

5.1.2 Line managers are responsible for contacting the relevant Human Resources 

Officer or Medical Staffing team, as appropriate, if: 

the overseas employee does not commence employment with the Trust 

the overseas employee is absent from work, without permission, for more 

than 10 working days 

significant changes occur in the overseas employee’s circumstances, e.g. 

change of job or salary 

the overseas employee changes their job role 

disciplinary action is taken against the overseas employee 

the Trust stops sponsoring the overseas employee 

the overseas employee leaves the employment of the Trust. 

5.2 Role of Recruitment Service/Medical Staffing/Kernowflex 

The Recruitment Service, Medical Staffing and Kernowflex departments are 

responsible for: 

checking the validity of original documents 

checking any professional accreditations 

storing the information electronically on a secure server 

inputting the information on to the database (Appendix 5). 

5.3 Role of Medical Staffing and Human Resources Officers 

5.3.1 The Medical Staffing and Human Resources Officers are responsible for: 

notifying the employee of the expiry date of their current permit 

raising the lapse of a permit with the appropriate HRBP 

issuing a new permit 

checking accreditations have been renewed 

12 month checks. 

5.3.2 Medical Staffing are responsible for checking all medical and dental staff and the 

Human Resources Officers are responsible for checking all non medical staff, i.e. 

nursing and other staff groups. 

5.4 Role of Individual Staff 

All staff members are responsible for: 

producing an original document, or a specified combination of original 

documents, from Appendix 2 

bringing the relevant documents, with copies, when attending for interview 

for a post to allow checking by the panel Chair 



March 2012 


providing Human Resources/Medical Staffing with the required 

documentation every 12 months 

notifying RCHT of any changes to their immigration status 

promptly reporting any episodes of absence in accordance with Trust 

Policies. 

6. Standards and Practice 

6.1 Process 

6.1.1 The process for employing overseas staff involves all job applicants and 

particularly the successful job applicant, the recruiting manager, the line 

manager, Medical Staffing, Human Resources, Recruitment Services and 

Kernowflex. 

6.1.2 The Trust establishes a defence against employing illegal workers by performing 

checks on and taking copies of one or a specified combination of original documents 

prior to the employment of a new member of staff. The acceptable documents are 

specified in Appendices 2 and 3 at the end of this policy. Please follow the protocols 

in Appendices 4 and 5 to ensure compliance. 

6.2 Certificates of Sponsorship (Work Permits) 

6.2.1 Employers need to demonstrate that they were unable to recruit a resident worker 

before recruiting an individual from overseas. They will be required to provide 

details of the recruitment method used and give credible reasons as to why they did 

not appoint a suitably qualified resident worker. 

6.2.2 A ‘resident worker’ is a person who is an EEA national or has settled status in 

the UK within the meaning of the Immigration Act 1971, as amended by the 

Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum 

Act 2002. 

6.2.3 A Certificate of Sponsorship is valid for up to three years. After a continuous 

period of five years, work permit holders can apply for Indefinite Leave to 

Remain (ILR) or permanent residence. Limited leave to remain is the permission 

an individual needs to stay in the UK and is granted in line with the duration of an 

individual’s Immigration Employment Document (IED). 

6.3 Visas/ Leave to Remain 

6.3.1 Non-EEA nationals may need entry clearance before they can travel to the UK. 

The entry clearance process for the UK is carried out by UK Visas, which runs 

the UK’s visa service through British diplomatic posts overseas. 

6.3.2 It is the responsibility of the appointed individual to obtain, and meet the cost of, 

any visa required. 

6.3.3 Particular scrutiny should be given to those individuals who present student 

visas and employers should contact UK Visas if they are in any doubt regarding 



March 2012 


the suitability and authenticity of these documents. 

6.4 Checking Validity of Documents 

6.4.1 The checking process needs to ensure the prospective employee is the person 

named in the documents presented and the validity needs to be checked by 

following the steps below: 

check any photographs are consistent with the appearance of the prospective 

employee 

check the date of birth listed to ensure consistency across documents and that 

these correspond with the appearance of the prospective employee 

check that the expiry dates of any limited leave to remain in the UK have not 

passed 

check any UK Government endorsements (e.g. stamps, visas) to see if the 

prospective employee is able to do the type of work you are offering 

satisfy yourself that the documents are genuine and have not been tampered 

with, and belong to the holder 

if the prospective employee provides two different documents which have 

different names, request that they provide a further document to explain the 

reason for this (e.g. marriage certificate, divorce decree, deed poll document or 

statutory declaration). 

6.4.2 Please refer to the UK Border Agency website for further guidance on which 

stamps/visas provide an employee with the right to work; however if in doubt seek 

advice from your Human Resources Business Partner or Human Resources Officer. 

6.5 Copies of Required Documents 

6.5.1 Copies of relevant documents should be in a format that can not be subsequently 

altered, e.g. a photocopy or scan. Check copies against the original document 

provided. 

6.5.2 Once the Line Manager at recruitment stage or Medical Staffing/Human Resources 

Officer during a 12 month check, have obtained and checked the relevant 

documentation, and are satisfied with it, copies should be made of the 

documentation. If the document is not a passport or other travel document, a copy 

of the entire document should be taken. If the document is a passport or other travel 

document, the following pages should be copied: 

 

 

 

 

 

 

the front cover; 

any page containing the holder's personal details, including nationality; 

any page containing the holder's photograph; 

any page containing the holder's signature; 

any page containing the date of expiry; and 

any page containing endorsements by officials of the UK Border Agency 

or UK Visas. 



March 2012 


6.5.3 Copies of the documents should be stored with the interview documentation for 

retention on the selected individual’s Personal File. 

6.6 Central Storing of document information 

Once the overseas employee has been appointed the Medical Staffing 

Advisor/Recruitment Services Assistant will: 

add the employee’s information into the Centralised Database. All fields on 

this database must be completed. Please ensure the relevant information is 

obtained to enable this to happen 

scan in the verified originals (passport cover, page containing personal 

information and permit) 

retain a copy for the employee’s personal file. 

6.7 Contacting the employee to notify them of the expiry of a current 

permit 

Tier 1 

 

Tier 2 

The Human Resources Officer/Medical Staffing Advisor will send out the Tier 

1 expiry letter three months prior to expiry, please see Appendix 8. 

Three months prior to the Work Permit/Tier 2 expiring, the Human Resources 

Officer / Medical Staffing Advisor will: 

• request a cheque from the Finance Department. 

• complete an application for Certificate of Sponsorship using the Home Office 

sponsorship website (user names and password will be provided by the Trust 

Level 1 user). 

when the cheque is received, send the Certificate of Sponsorship – payment 

to the: 

UK Border Agency 

PBS Certificate of Sponsorship 

Millburn gate House 

Durham 

DH99 1WG 

 

when the Trust has been notified by the UK Border Agency that the cheque 

has been cleared, send a letter to the employee notifying them of the 

certificate number to enable them to complete their Tier 2 Application Form. 

6.8 New Permit Issue 

Where the overseas employee has provided their new documents/letter from the 

Home Office confirming the application is being processed prior to their current 

permit expiring; the Line Manager at the recruitment stage and Human Resources 

Officer / Medical Staffing Advisor should follow the steps in Section 6.5 (Copies of 

Required Documents) and Section 6.6 (Central Storing of Document Information) 

above. 



March 2012 


6.9 Lapse of Permit 

If the employee is unable to provide the Human Resources Officer/Medical Staffing 

Assistant with the renewed Tier 1/Tier 2 application form or a letter from the Home 

Office confirming the application is being processed before the current permit 

expires: 

contact the employee to see what, if any, information they have received from 

the Home Office. If the employee is unable to provide you with any 

documentation providing them with an ‘excuse’ to continue employment, the 

matter should immediately be referred to the relevant Human Resources 

Business Partner or Medical Staffing Manager. Once the permit has lapsed and 

no new evidence has been provided it is Illegal to continue to employ the 

employee until the relevant documentation has been provided. 

6.10 12 Month Checks 

6.10.1 Those individuals who have no restrictions on their stay in the UK, or are not 

subject to immigration control, should be able to produce the required document(s) 

from Appendix 2 (List A), while those who are time-restricted in terms of their leave 

(permission) to enter or remain will produce documents from Appendix 3 (List B). 

6.10.2 Where an individual produces the required documentation from List A and this has 

been checked and copied, the Trust is not required to carry out any subsequent 

document checks on the individual. 

6.10.3 The ongoing obligation to undertake checks where individuals produce 

documentation from List B means that the Human Resources Officers/Medical 

Staffing are required to re-check the documentation at least once every 12 months 

in order to retain the statutory excuse. In relation to such individuals RCHT will be 

excused from paying a penalty under Section 15 of the Immigration, Asylum and 

Nationality Act 2006 for a period of 12 months from the date the employee 

produced the documentation. 

6.10.4 Every 12 months after the date of issue of the permit the Human Resources 

Officer/Medical Staffing will write to the employee and ask them to produce the 

required documents and information within a 2 week period (please see letter at 

Appendix 7). 

6.11 Reporting Migrant Activities 

Examples of migrant activity that must be reported by the line manager to the 

Human Resources/Medical Staffing Department are: 

if the overseas employee does not commence employment with the Trust 

when the overseas employee is absent from work, without permission, for 

more than 10 working days 



March 2012 


significant changes occur in the overseas employee’s circumstances, e.g. 

change of job or salary 

the overseas employee changes their job role 

disciplinary action is taken against the overseas employee 

the Trust stops sponsoring the overseas employee 

the overseas employee leaves the employment of the Trust. 

Any of the above must be reported via the Home Office Sponsorship website by the 

Trust Level 1 or 2 user within 10 days. 

6.11 Agency Workers / Medical Locums 

It is the responsibility of the supplying agency to ensure agency 

workers/medical locums supplied to the Trust have all the appropriate 

documents checked to show their right to work in the UK. 

Wherever possible, the Trust will only use agency workers/medical locums 

supplied by employment agencies who are contracted with the Peninsula 

Purchasing and Supply Agency (PPSA). The national and local Service Level 

Agreements (SLAs) include assurances on rights to work in the UK. 

Where the Trust uses agency workers/medical locums who are not supplied 

by an employment agency contracted to PPSA, the Kernowflex Manager will 

ensure that there is written commitment from each agency used to confirm 

that they comply with the national and Trust local requirements for checking 

the right to work in the UK at recruitment and for maintaining a record of the 

individual’s ongoing right to work in the UK. 

7. Dissemination and Implementation 

7.1 A copy of the policy will be stored electronically in the HR section of the Trust’s 

document library on the Internet/Intranet site. 

7.2 A copy of the policy will be circulated to members of the HR Business Partner 

Teams to enable them to support the implementation of the policy. 

7.3 A clear communication will be sent to managers to make them aware that the 

revised policy has been issued and their responsibilities, including cascading the 

information to their staff members, including staff members who do not have regular 

access to e-mail. 

7.4 The Trust’s Directors and Chairs of both Staff Side Committees (JCNC and JLNC) 

will be advised of the issue of the new policy. 

7.5 Information to promote awareness of the revised policy will also be included in 

Team Brief, the daily bulletin and will be displayed on the HR Notice Board in the 

Mullions Corridor. 



March 2012 


8. Monitoring compliance and effectiveness 

Element to be 

monitored 

Lead 

Pre-employment immigration checks 

Annual checks for existing staff. 

Lapses in current right to work 

Head of Human Resources Business Partners 

Tool Recruitment Services Team audit/spot checks on pre - 

employment 

Annual documentation checks conducted by Human Resources 

and Medical Staffing 

HR Case Log - monitoring the number of lapses in Tier 2 work 

permits 

Frequency 

Every 12 months 

Reporting 

arrangements 

The HR Management Team will receive an annual report 

on : 

the results of the spot checks audit conducted on existing staff 

the number of lapses formally investigated and the number of 

any referred to the UKBA. 

This information will be reported to Staff Side on an annual 

basis. 

Acting on 

recommendations 

and Lead(s) 

Change in 

practice and 

lessons to be 

shared 

The Head of Human Resources Business Partners will ensure 

subsequent recommendations are undertaken including the 

development of an action plan for any deficiencies within an agreed 

time frame. 

Any system improvements agreed via the action planning process 

will be actioned in partnership with Staff Side within three months. 

Lessons will be shared with all the relevant stakeholders. 

Any revision to policy will be communicated to staff 

9. Updating and Review 

9.1 This policy has been agreed by Trust management and Staff Side representatives. 

9.2 The guidance will be fully reviewed 3 years from approval or earlier if indicated by 

the result of monitoring and review, legislative changes, a national policy instruction 

(i.e. NHS or Department of Health) or a Trust Board decision. 

10. Equality and Diversity 

10.1 Royal Cornwall Hospitals NHS Trust is committed to a Policy of Equal 

Opportunities in employment. The aim of this policy is to ensure that no job 

applicant or employee receives less favourable treatment because of their 

race, colour, nationality, ethnic or national origin, or on the grounds of their 

age, gender, gender reassignment, marital status, domestic circumstances, 

disability, HIV status, sexual orientation, religion, belief, political affiliation or 

trade union membership, social or employment status or is disadvantaged by 

conditions or requirements which are not justified by the job to be done. This 



March 2012 


policy concerns all aspects of employment for existing staff and potential 

employees. 

11. Equality Impact Assessment 

11.1.1 As part of its development this policy has been reviewed in line with the Trust’s 

Equality Impact Assessment process. The purpose of the assessment is to identify 

and reduce or, if possible remove any unfair disproportionate impact on an individual 

who comes in contact with the Trust (i.e. employees, patients, visitors and members 

of the community) on the grounds of their protected characteristics (formerly 

diversity strands). The UKBA Codes and Trust policy will not have an adverse effect 

on a particular racial group if the advice is followed correctly by the Trust. However, 

it will be important to ensure, in establishing the entitlement of individuals to working 

in the UK, that the selection process does not automatically disadvantage people 

from any particular ethnic group. The Initial Equality Impact Assessment Screening 

Form is at Appendix 1. 



March 2012 


Appendix 1.Initial Equality Impact Assessment Screening Form 

Name of service, strategy, policy or project (hereafter referred to as policy) to be 

assessed: 

Employment of Overseas Employees (Prevention of Illegal Working) Policy 

Directorate and service area: 

Is this a new or existing Procedure? 


Name of individual completing 

assessment: Claire Leaver 

Existing 

Telephone: 

(01872) 253240 

1. Procedure Aim* Ensure that the Trust complies with its legal responsibilities 

in line with the Immigration, Asylum and Nationality Act 

2006, by ensuring that all employees of the Trust hold the 

appropriate documentation to ensure they have the 

entitlement to work. 

2. Procedure Objectives* Provide guidance on the checking of appropriate 

documentation at the:- 

pre-employment stage, 

recruitment stage 

and during employment 

to ensure ongoing compliance with the Act. 

3. Procedure – intended 

Outcomes* 

4. How will you measure 

the outcome? 

5. Who is intended to 

benefit from the 

Procedure? 

6a. Is consultation 

required with the 

workforce, equality 

groups etc. around this 

procedure? 

b. If yes, have these 

groups been consulted? 

c. Please list any groups 

who have been consulted 

about this procedure. 

*Please see Glossary 

Ensure that the Trust complies with the law in a nondiscriminatory 

way in line with the Border and Immigration 

Agency’s Code of Practice. 

To ensure that all employees are treated fairly and the 

Trust is compliant with checking employees’ Right to Work 

in the UK. 

See monitoring, section (8.0) 

The Trust 

Yes 

Yes 

JCNC/JLNC 



March 2012 


7. The Impact 

Please complete the following table using ticks. You should refer to the EIA guidance 

notes for areas of possible impact and also the Glossary if needed. 

Where you think that the policy could have a positive impact on any of the equality 

group(s) like promoting equality and equal opportunities or improving relations 

within equality groups, tick the ‘Positive impact’ box. 

Where you think that the policy could have a negative impact on any of the equality 

group(s) i.e. it could disadvantage them, tick the ‘Negative impact’ box. 

Where you think that the policy has no impact on any of the equality group(s) listed 

below i.e. it has no effect currently on equality groups, tick the ‘No impact’ box. 

Equality 

Group 

Positive 

Impact 

Negative 

Impact 

No 

Impact 

Reasons for decision 

Age √ We anticipate that the policy will 

not have an adverse impact 

Disability √ We anticipate that the policy will 


Religion or 

Belief 

√ 

We anticipate that the policy will 


Gender √ We anticipate that the policy will 


Transgender √ We anticipate that the policy will 


Pregnancy/Maternity √ We anticipate that the policy will 


Race √ The UKBA Codes and Trust 

policy will not have an adverse 

effect on a particular racial group 

if the advice is followed correctly 

by the Trust. However, it will be 

important to ensure, in 

establishing the entitlement of 

individuals to work 

in the UK, that the selection 

process does not automatically 

disadvantage people from any 

particular ethnic group. 

Sexual 

Orientation 

Marriage/ Civil 

Partnership 

√ 

√ 







March 2012 


You will need to continue to a full Equality Impact Assessment if the following have 

been highlighted: 

A negative impact and 

No consultation (this excludes any policies which have been identified as not 

requiring consultation). 

8. If there is no evidence that 

the policy promotes equality, 

equal opportunities or improved 

relations - could it be adapted 

so that it does? How? 

Full statement of commitment to policy of 

equal opportunities is included in the policy 

Please sign and date this form. 

Keep one copy and send a copy to the Matron, Equality, Diversity and Human Rights 

Human Resources Team, c/o Knowledge Spa, Royal Cornwall Hospitals NHS Trust, Truro, 

Cornwall, TR1 3LJ. 

A summary of the results will be published on the Trust’s website 

Signed _Claire Leaver_________________ 

Date _March 2012_________________ 



March 2012 


APPENDIX 2 

LIST A - DOCUMENTS SHOWING AN ONGOING RIGHT TO WORK 

SINGLE DOCUMENTS: 

A passport showing that the holder, or a person named in the passport as the child of the holder, 

is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK 

A passport or national identity card showing that the holder, or a person named in the passport as 

the child of the holder, is a national of a European Economic Area (EEA) country or Switzerland 

A residence permit, registration certificate or document certifying or indicating permanent 

residence issued by the Home Office or the Border and Immigration Agency to a national of an 

EEA country or Switzerland 

A permanent residence card issued by the Home Office or the Border and Immigration Agency to 

the family member of a national of an EEA country or Switzerland 

A Biometric Immigration Document issued by the Border and Immigration Agency to the holder 

which indicates that the person named in it is allowed to stay indefinitely in the UK, or has no time 

limit on their stay in the UK 

A passport or other travel document endorsed to show that the holder is exempt from immigration 

control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time 

limit on their stay in the UK 

COMBINATION DOCUMENTS: 

ALWAYS REQUIRE ANY OF THE 

FOLLOWING 

An official document issued by a 

previous employer or Government 

agency, e.g. HM Revenue and 

Customs (formerly the Inland 

Revenue), the Department for 

Work and Pensions, Jobcentre 

Plus, the Employment Service, the 

Training and Employment Agency 

(Northern Ireland) or the Northern 

Ireland Social Security Agency, 

which contains the permanent 

National Insurance number and 

name of the person 

AND 

ANY OF THE FOLLOWING 

An Immigration Status Document issued by the Home 

Office or the Border and Immigration Agency to the 

holder with an endorsement indicating that the person 

named in it is allowed to stay indefinitely in the UK or 

has no time limit on their stay in the UK 

A full birth certificate issued in the UK which includes 

the name(s) of at least one of the holder’s parents 

A full adoption certificate issued in the UK which 

includes the name(s) of at least one of the holder’s 

adoptive parents 

An adoption certificate issued in the Channel Islands, 

the Isle of Man or Ireland 

as a British citizen 

A certificate of registration or naturalisation 

as a British citizen 

A letter issued by the Home Office or the Border and 

Immigration Agency to the holder which indicates that 

the person named in it is allowed to stay indefinitely in 

the UK 



March 2012 


APPENDIX 3 

LIST B - DOCUMENTS SHOWING AN ONGOING RIGHT TO WORK 

(UP TO 12 MONTHS) 

SINGLE DOCUMENTS: 

A passport or travel document to show that the holder is allowed to stay in the UK and is allowed 

to do the type of work in question, provided that it does not require the issue of a work permit 

A Biometric Immigration Document issued by the UK Border Agency to the holder that indicates 

that the person named in it can stay in the UK and is allowed to do the work in question 

A residence card or document issued by the Home Office or the UK Border Agency to a family 

member of a national of an EEA country or Switzerland 

COMBINATION DOCUMENTS: 

ALWAYS REQUIRED ANY OF 

THE FOLLOWING 

A work permit or other approval 

to take employment issued by 

the Home Office or the Border 

and Immigration Agency 

Evidence of verification by the UK 

Border Agency Employer 

Checking Service 

A document issued by a previous 

employer or Government agency, 

e.g. HM Revenue and Customs, 

the Department for Work and 

Pensions, Jobcentre Plus, the 

Employment Service, the Training 

and Employment Agency 

(Northern 

Ireland) or the Northern Ireland 

Social Security Agency, which 

contains the National Insurance 

number and name of the holder 



March 2012 

A 

N 

D 

ANY OF THE FOLLOWING 

A passport or another travel document endorsed 

to show the holder is allowed to stay in the UK 

and is allowed to do the work in question 

A letter issued by the Home Office or the Border 

and Immigration Agency to the holder or the 

employer or prospective employer confirming 

the same 

A Certificate of Application (which is less than 6 

months old) issued by the Home 

Office or the Border and Immigration Agency to 

or for a family member of a national of a EEA 

country or Switzerland stating that the holder is 

permitted to take employment 

An Application Registration Card issued by the 

Home Office or the Border and Immigration 

Agency stating that the holder is permitted to 

take employment 

An Immigration Status Document issued by the 

Home Office or the Border and Immigration 

Agency to the holder with an endorsement 

indicating that the person named in it can stay in 

the United Kingdom, and is allowed to do the 

type of work in question. 

A letter issued by the Home Office or the 

Border and Immigration Agency to the 

holder or the employer or prospective 

employer, which indicates that the person 

named in it can stay in the United 

Kingdom and is allowed to do the work in 

question. 


APPENDIX 4 

Employing Overseas Workers - New Employees 

All vacancies are advertised on 

NHS jobs for a minimum of 28 

days to satisfy the Resident 

Labour Market Test. Check job 

requirements comply with 

relevant Code of Practice. 

Shortlist applicants 

Recruitment Services to provide 

Candidates with Appendices 2 and 3, with 

request to bring relevant documentation 

with photocopies to interview. 

Candidates are invited to interview. 

Candidate attends Interview. All 

applicants must provide documents: one 

(or two in combination) from Appendix 2 

or 3. 

Copies of relevant documents are 

sent to Recruitment Services with 

completed Offer of Appointment 

Proforma. 

Where an overseas worker requires 

Sponsorship under the Points Based 

System, Recruitment Services issues 

Sponsorship Certificate. Overseas 

worker applies to Border for Leave to 

Remain/Residence Permit. 

Employment cannot commence 

without this. 

Employee starts workdocuments 

checked 

every 12 months if 

applicable. 



March 2012 

Page 21 of 25 

Immigration documents for any 

overseas workers are checked and 

scanned to Prevention of Illegal 

Workers database and database 

updated with details of new 

employee. 

Offer letter and contract of 

employment are sent to successful 

candidate, the P file produced 

containing copies of all immigration 

documentation is sent to the Manager 

or retained by Medical Staffing for 

Medical Staff. 

Overseas worker fails to commence 

work or leaves the Trust – manager to 

notify Human Resources immediately 

for HR to notify UK Border Agency.

APPENDIX 5 

Maintaining a defence against Illegal Working for existing employees 

Any member of staff who 

provided Immigration evidence 

from Appendix 3 is required to 

maintain that information with 

the Trust on an annual basis 

until they leave the Trust or until 

they can provide information 

from Appendix 2. 

3 months before the anniversary of 

the employee’s start date, the 

Human Resources department 

writes to the overseas worker, 

asking them to bring in their 

original documents to the HR 

department within two weeks. 

Documents are then checked in 

accordance with government 

guideline, scanned and the HR 

Immigration database is updated. 

If documentation is 

not received within 2 

weeks, the line 

manager contacts 

the employee by 

email and letter 

again. 

If documentation is 

not received within 

another 2 weeks, 

the line manager 

attempts to contact 

the employee by 

telephone. 

If documentation is not received 

within another 2 weeks, notify 

the Human Resources 

Department who will contact the 

UK Border and Immigration 

Agency Employer Checking 

Service to verify whether the 

employee continues to enjoy the 

right to work in the UK. 

Failure to produce required documents prior to 

their current expiry date and where the Employer 

Checking Service cannot confirm the employee’s 

work entitlement: Employee will be placed on 

unpaid suspension (HR to liaise direct with line 

manager and divisional manager). 



March 2012 

Suspension will lead to dismissal if entitlement to 

work cannot be confirmed. 


Copy of the Central Store Database 

Appendix 6 



March 2012 


12 month immigration documentation check letter 

Appendix 7 

Private & Confidential 

Dear 

Re: Annual Immigration Documentation Check 

Under the Immigration, Asylum and Nationality Act 2006, the Trust is required to check 

and take copies of documentation to confirm your right to work in the UK at least once 

every 12 months. Additionally the Trust is required to keep an up to date record of an 

employee’s home address and contact telephone numbers. 

Our records show that this check is now due. Please report to the Human Resources 

Department at the above address within two weeks of the date of this correspondence, 

providing the documents required in Appendix 2 or 3 of the Employment of Overseas 

Employees Policy, a copy of which can be accessed via the Trust’s document library. 

Failure to provide the required documents by the date specified will result in you being 

suspended from duty without pay and the Border and Immigration Agency being notified. 

If you cannot provide the documents within the specified timescale, please contact Human 

Resources Officer on 01872 25____ to discuss the matter further. 

If you need to contact the Border and Immigration Agency regarding any of your 

documents, you can do so through the Immigration Enquiry Bureau on 0870 606 7766. 

If you have any changes to your circumstances you are required to contact the Human 

Resources office as soon as possible to notify the Trust of your change. 

Yours sincerely 

Human Resources/Medical Staffing 

Royal Cornwall Hospitals NHS Trust 

_____________________________________________________________________________ 

Please complete in block capitals 

Name: 

Job Title: 

Address: 

Contact telephone Numbers: 

Work: 

Home: 

Mobile: 

Please return to completed form to HR Support Office, Lamorna House 



March 2012 


Appendix 8 

Notification of Tier 1 expiry letter 

Private & Confidential 

Dear 

Tier 1 expiry 

I am writing to inform you that your current Tier 1 is due to expire on . You can 

apply to renew your Visa from the Home office website. 

To enable you to continue working after the you will need to provide us with your 

passport which contains the new permit, by bringing it to the Human Resources Office in 

Lamorna House, Penventinnie Lane, Royal Cornwall Hospitals NHS Trust. 

I should remind you that failure to comply with this will result in temporary unpaid 

suspension from your duties. 

Please note that it is your responsibility to ensure your permit does not lapse. 

If you require any assistance or have any questions please do not hesitate to contact me. 

Yours sincerely 

Human Resources/Medical Staffing 

Royal Cornwall Hospitals NHS Trust 



March 2012

Employment of Overseas Employees - the Royal Cornwall Hospitals ...

Create successful ePaper yourself

Delete template?

Save as template?