What is an ARC card?
The application registration card (ARC) is a card issued by the Home Office to individuals who claim asylum in the UK. It certifies that an asylum seeker can remain in the UK while awaiting the outcome of their asylum claim.
Can ARC card holders work?
Normally, individuals who seek asylum in the UK are not permitted to work whilst their claim is being considered. However, if they have been waiting for more than 12 months and they are not considered responsible for the delay, they can apply for permission to work.
If permission to work is granted by the Home Office, the person will be allowed to take up jobs on the shortage occupation list only. Find a full list of shortage occupations here.
If an asylum claim is rejected and all appeal rights are exhausted, any granted permission to work will come to an end, as individuals in such circumstances are expected to depart from the UK.
What should Employers pay attention to when hiring someone with an ARC card?
As an employer in the UK, you have a legal responsibility to check the right to work of all your employees. This includes both new and existing employees, and it applies to all workers, regardless of their nationality.
If you have a candidate currently holding an ARC card, you must ask the Home Office to check their right to work status. Failing to check employee’s right to work status and employing illegal workers might result in a fine of up to £20,000.
How to check a Job Applicant’s right to work?
To check someone’s right to work, you’ll need to contact the Home Office via the Employer Checking Service (ECS) to confirm any right to work. To do this, you’ll need the candidate’s full name, date of birth, nationality, job title, hours worked per week, home address in the UK and Home Office reference number or case ID (if they have). Don’t forget that you’ll need to get the candidate’s permission to make the check.
If you’re checking an ARC card holder’s right to work status, you’ll need to see their original ARC card.
Normally, an ARC card holder’s right to work is indicated in the Remarks section. Some ARC cards may display 'NO WORK', indicating that the cardholder does not have permission to work. Some ARC cards may indicate 'work permitted shortage occupation only', signifying that this asylum seeker is allowed to work but only in shortage occupations. If your organisation decides to hire a candidate with an ARC card, you’ll need to make sure the job you offer is on the shortage occupation list.
You can also use the Employer Checking Service (ECS) to check their immigration status with the Home Office. Once you have submitted the information through ECS, the Home Office will check the employee's immigration status and provide you with a response within 24 hours. You will receive a notification message whether the candidate does or does not have the right to work.
When do you need to conduct right to work checks?
As an employer, you need to check your employee’s right to work before they start work in your company. You’ll also need to conduct follow up checks if someone have time-limited permission to stay in the UK.
It is important to note that the ECS is only a check of the employee's immigration status at the time of the check. If the employee's immigration status changes after the check, you can still be fined if they are found to be working illegally.
To avoid being fined, it is important to keep your records of right to work checks up to date. Seek professional advice and implement a robust HR system in place to keep compliant with the Home Office guidelines.
Need assistance?
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Reference:
https://www.gov.uk/employee-immigration-employment-status
