The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022
Part 2 (regulation 2) amends the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 (S.I. 2000/706) (“the 2000 Order”). Under sections 118 and 119 of the Immigration and Asylum Act 1999 (c. 33), a person who is subject to immigration control is ineligible for an allocation of housing authority accommodation or homelessness assistance, unless they come within a class of persons specified in an Order made by the Secretary of State. The 2000 Order makes such provision. Regulation 2 amends article 3 of the 2000 Order (eligibility of persons subject to immigration control for an allocation of housing accommodation in England, Scotland and Northern Ireland). It specifies three additional classes of persons subject to immigration control who are eligible for an allocation of housing and makes amendments to an existing class. It further amends article 7(1) (eligibility of persons subject to immigration control for homelessness assistance in Scotland and Northern Ireland) to make provision for the three new classes.
Part 3 makes amendments in relation to the checks of immigration status that must be undertaken by employers in relation to the employment of employees (regulation 3 amends the Immigration (Restrictions on Employment) Order 2007 (S.I. 2007/3290) (“the 2007 Order”)) and by landlords or agents in relation to residential tenancies in relation to occupiers or prospective occupiers (regulation 4 amends the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 (S.I. 2014/2874)). In each case provision is made for new codes of practice on civil penalties and discrimination to take effect from 6th April 2022 and for changes to be made to lists of documentation which may prove immigration status. In the case of the 2007 Order, the Home Office Employer Checking Service is defined expressly.
Regulation 5 makes amendments to the Illegal Working Compliance Orders Regulations 2016 (S.I. 2016/1058) (“the 2016 Regulations”), which are analogous to those made to the 2007 Order.
Regulation 6 substitutes amended forms for use in relation to applications for personal and premises licences under the Licensing Act 2003, to correct typographical errors in the equivalent forms which were introduced by the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021 (S.I. 2021/689).
Part 4 provides for the specification of a new anti-fraud organisation in place of the existing organisation (relating to checks of immigration status of persons in relation to current accounts).
Part 5 makes further amendments to the 2007 Order and 2014 Order, which deal with where employers, landlords and agents have excuses to civil penalties for employing or renting to persons without valid immigration status. The amendments allow the right to work or the right to rent (as the case may be) to be checked via the use of identity document validation technology, where verification will be undertaken on the part of an employer, a landlord or an agent by a third-party service provider. Analogous amendments are made to the 2016 Regulations.