PART 1 Introductory

Citation, commencement and extent

1.—(1) These Regulations—

(a) may be cited as 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, and

(b) come into force on 6th April 2022.

(2) This Part and Part 4 extend to England and Wales, Scotland and Northern Ireland.

(3) The amendments made by Parts 2, 3, and 5 have the same extent as the provisions that they amend.

PART 2 Access to housing

Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

2.—(1) The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000( 6) is amended as follows.

(2) In article 2 (interpretation), at the appropriate place, insert—

““ the Human Rights Convention ” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950( 7) as it has effect for the time being in relation to the United Kingdom; ”.

(3) In article 3 (housing authority accommodation—England, Scotland and Northern Ireland)—

(a) in paragraph (g) after “person” insert “who is habitually resident in the Common Travel Area”;

(b) after paragraph (j) insert—

“(k) Class FE—a person (P)—

(i) who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under the immigration rules; and

(ii) whose leave is not subject to a condition requiring P to maintain and accommodate P, and any person who is dependent on P, without recourse to public funds;

(l) Class FF—a person who is habitually resident in the Common Travel Area who has limited leave to remain in the United Kingdom under paragraphs 352J or 352K of the immigration rules;

(m) Class FG—a person (P)—

(i) who is habitually resident in the Common Travel Area and has limited leave to enter or remain in the United Kingdom under Appendix Hong Kong British National (Overseas) of the immigration rules; and

(ii) whose leave is not subject to a condition requiring P to maintain and accommodate P, and any person who is dependent on P, without recourse to public funds. ”.

(4) In article 7(1) (homelessness—Scotland and Northern Ireland), in sub-paragraph (a)—

(a) for “3(g) to (j)”, substitute “3(g) to (m)”;

(b) for “Class FC and Class FD”, substitute “Class FC, Class FD, Class FE, Class FF and Class FG”.

PART 3 Access to employment and accommodation in the private rented sector

Immigration (Restrictions on Employment) Order 2007

3.—(1) The Immigration (Restrictions on Employment) Order 2007( 8) is amended as follows.

(2) In article 2, at the appropriate place, insert—

““ Home Office Employer Checking Service ” means the enquiry and advice service for employers operated by the Home Office; ”.

(3) In article 4A(1)(a)(i) after “paragraph 1A,” insert “1AA,”.

(4) For articles 11 and 12, substitute—

“Code of practice: civil penalties

11.   The revised code of practice entitled “Code of practice on preventing illegal working: Civil penalty scheme for employers”( 9) , issued by the Secretary of State under section 19(1) and (3) of the 2006 Act and laid in draft before Parliament on 2nd March 2022, comes into force on 6th April 2022.

Code of practice: discrimination

12.   The revised code of practice entitled “Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working”( 10) , issued by the Secretary of State under section 23(1) and (5) of the 2006 Act and laid in draft before Parliament on 2nd March 2022, comes into force on 6th April 2022. ”.

(5) In the Schedule—

(a) in List A—

(i) in paragraph 1, after “A passport”, insert “(current or expired)”;

(ii) in paragraph 1 omit “, or a person named in the passport as the child of the holder,”;

(iii) omit paragraph 4A;

(iv) for paragraph 4B, substitute—

“4B.   A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen. ”;

(v) omit paragraph 5;

(b) in List B – Part 1, omit paragraphs 2, 3A and 3C;

(c) in List B – Part 2—

(i) before paragraph 1B, insert—

“1AA.   A Certificate of Application issued by the Home Office, showing that the holder has made an application for leave to enter or remain under Appendix EU to the immigration rules on or after 1st July 2021. ”;

(ii) for paragraph 1B, substitute—

“1B.   A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man, showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules (as the case may be). ”.

Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

4.—(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014( 11) is amended as follows.

(2) In article 4, after paragraph (b)(i)(cc), insert—

“(cca) they have a Certificate of Application issued by the Home Office, showing that they have made an application for leave to enter or remain under Appendix EU to the immigration rules on or after 1st July 2021, or

(ccb) they have a document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey, or the Isle of Man, showing that the holder has made an application for leave to enter or remain under Appendix EU(J) to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008, or Appendix EU to the Isle of Man Immigration Rules (as the case may be), or ”.

(3) For articles 13 and 14, substitute—

“Code of practice: civil penalties

13.   The revised code of practice entitled “Code of practice on right to rent: civil penalty scheme for landlords and their agents”( 12) , issued by the Secretary of State under section 32(5) of the Act and laid in draft before Parliament on 2nd March 2022, comes into force on 6th April 2022.

Code of practice: discrimination

14.   The revised code of practice entitled “Code of practice for landlords: Avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector”( 13) , issued by the Secretary of State under section 33(2) of the Act and laid in draft before Parliament on 2nd March 2022, comes into force on 6th April 2022. ”.

(4) In the Schedule—

(a) in List A(1)—

(i) for paragraph 1A, substitute—

“1A.   A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen. ”;

(ii) omit paragraphs 5, 6 and 7;

(b) in List B, omit paragraphs 2, 3, 5, 7 and 8.

Illegal Working Compliance Orders Regulations 2016

5.—(1) The Illegal Working Compliance Orders Regulations 2016( 14) are amended as follows.

(2) In regulation 2 (interpretation), at the appropriate place, insert—

““ Home Office Employer Checking Service ” means the enquiry and advice service for employers operated by the Home Office; ”.

(3) In Schedule 1—

(a) in paragraph 1 omit “, or a person named in the passport as the child of the holder,”;

(b) for paragraph 1A, substitute—

“1A.   A passport or passport card (in either case, whether current or expired) showing that the holder is an Irish citizen. ”;

(c) omit paragraphs 1B and 5.

(4) In Schedule 2, omit paragraphs 2, 3A, 3C and 3D.

Licensing forms

6.—(1) In the Licensing Act 2003 (Personal licences) Regulations 2005( 15), for the form in Schedule 1 to those Regulations, substitute the form in Schedule 1 to these Regulations.

(2) In the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005( 16), for the form in—

(a) Schedule 2 to those Regulations, substitute the form in Schedule 2 to these Regulations;

(b) Schedule 6 to those Regulations, substitute the form in Schedule 3 to these Regulations;

(c) Schedule 7 to those Regulations, substitute the form in Schedule 4 to these Regulations.

PART 4 Access to financial services

Specified anti-fraud organisation

7.—(1) For the purposes of section 40 of the Immigration Act 2014( 17), Synectics Solutions Limited, a company registered in England and Wales with registered number 2685135, is specified as an anti-fraud organisation.

(2) The Immigration Act 2014 (Specified Anti-fraud Organisation) Order 2014( 18) is revoked.

PART 5 Use of Identity Document Validation Technology (IDVT)

IDVT amendments: Immigration (Restrictions on Employment) Order 2007

8.—(1) The Immigration (Restrictions on Employment) Order 2007 is amended as follows.

(2) In article 2, at the appropriate places, insert—

““ identity document validation technology ” means technology operated by a person for the purpose of verifying the identity of another person (“the subject”), whereby a digital copy of a physical document relating to the subject is produced by or in relation to the subject for verification of—

““ IDVT identity check ” means the response generated by an IDVT identity service provider, using identity document validation technology, when undertaking identity verification with respect to a person; ”;

““ IDVT identity service provider ” means a person that provides identity verification services using identity document validation technology; ”;

““ relevant IDVT document ” means a document falling within the description in paragraph 1 or 4B of list A of the Schedule and which has not expired; ”.

(3) After article 3 insert—

“3A.— (1)  An employer is excused from paying a penalty under section 15 of the 2006 Act if the employer—

(a) obtains from an IDVT identity service provider an IDVT identity check which shows that there exists in relation to the employee a relevant IDVT document,

(b) receives from the IDVT identity service provider a clear copy of the IDVT identity check, and the document checked, in a format which cannot be subsequently altered,

(c) reasonably believes that the IDVT identity service provider has complied with the requirements set out in article 6A(1), and

(d) complies with the requirements set out in article 6A(2).

(2)  This article is subject to article 5A. ”.

(4) After article 5 insert—

“5A.   An employer is excused from paying a penalty under section 15 of the 2006 Act by virtue of article 3A(1) only if the requirements of article 3A(1) are satisfied before the commencement of employment (other than the requirement in paragraph (1)(d) in so far as it relates to article 6A(2)(b)). ”.

(5) After article 6 insert—

“6A.— (1)  The requirements mentioned in article 3A(1)(c) are, in relation to a relevant IDVT document produced for the purposes of an IDVT identity check in pursuance of article 3A(1)(a), that—

(a) the IDVT identity service provider takes all reasonable steps to check the validity of the document;

(b) the IDVT identity service provider records in a format that cannot be subsequently altered the date on which the check was carried out;

(c) the IDVT identity service provider is satisfied that the photograph is of the employee;

(d) the IDVT identity service provider is satisfied that the date of birth is consistent with the appearance of the employee;

(e) the IDVT identity service provider takes all reasonable steps to verify that the employee is the rightful holder of the document;

(f) where the document is a passport which is not in the form of a card, the IDVT identity service provider retains a clear copy of the following pages of that document in a format which cannot be subsequently altered—

(i) any page containing the holder’s personal details including nationality;

(ii) any page containing the holder’s photograph;

(iii) any page containing the date of expiry;

(g) where the document is a travel document in the form of a card, the IDVT identity service provider retains a clear copy of the whole of that document in a format which cannot be subsequently altered.

(2)  The requirements mentioned in article 3A(1)(d) are that—

(a) the employer is satisfied that the photograph of the individual contained in the information received by the employer in accordance with article 3A(1)(b) is of the employee;

(b) the employer retains a clear copy of the IDVT identity check, and the document checked, for a period of not less than two years after the employment has come to an end. ”.

IDVT amendments: Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

9.—(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 is amended as follows.

(2) In article 2 (interpretation), at the appropriate places, insert—

““ identity document validation technology ” means technology operated by a person for the purpose of verifying the identity of another person (“the subject”), whereby a digital copy of a physical document relating to the subject is produced by or in relation to the subject for verification of—

““ IDVT identity check ” means the response generated by an IDVT identity service provider, using identity document validation technology, when undertaking identity verification with respect to a person; ”;

““ IDVT identity service provider ” means a person that provides identity verification services using identity document validation technology; ”;

““ relevant IDVT document ” means a document falling within the description in paragraph 1 or 1A of List A(1) of the Schedule and which has not expired; ”.

(3) In article 3 (the prescribed requirements), after paragraph (a), insert—

“(aa) article 5ZA applies (IDVT identity check); ”.

(4) After article 5 insert—

“5ZA.   This article applies if a landlord or agent—

(a) obtains from an IDVT identity service provider an IDVT identity check which shows that there exists in relation to the occupier or prospective occupier a relevant IDVT document,

(b) receives from the IDVT identity service provider a clear copy of the IDVT identity check, and the document checked, in a format which cannot be subsequently altered,

(c) reasonably believes that the IDVT identity service provider has complied with the requirements set out in article 5ZB(1), and

(d) complies with the requirements set out in article 5ZB(2).

5ZB.— (1)  The requirements mentioned in article 5ZA(c) are, in relation to a relevant IDVT document produced for the purposes of an IDVT identity check in pursuance of article 5ZA(a), that—

(a) the IDVT identity service provider takes all reasonable steps to check the validity of the document;

(b) the IDVT identity service provider records in a format that cannot be subsequently altered the date on which the check was carried out;

(c) the IDVT identity service provider is satisfied that the photograph is of the occupier or prospective occupier;

(d) the IDVT identity service provider is satisfied that the date of birth is consistent with the appearance of the occupier or prospective occupier;

(e) the IDVT identity service provider takes all reasonable steps to verify that the occupier or prospective occupier is the rightful holder of the document;

(f) where the document is a passport which is not in the form of a card, the IDVT identity service provider retains a clear copy of the following pages of that document in a format which cannot be subsequently altered—

(i) any page containing the holder’s personal details including nationality;

(ii) any page containing the holder’s photograph;

(iii) any page containing the date of expiry;

(g) where the document is a travel document in the form of a card, the IDVT identity service provider retains a clear copy of the whole of that document in a format which cannot be subsequently altered.

(2)  The requirements mentioned in article 5ZA(d) are that—

(a) the landlord or agent is satisfied that the photograph of the individual contained in the information received by the landlord or agent in accordance with article 5ZA(b) is of the occupier or prospective occupier;

(b) the landlord or agent retains a clear and legible copy of the IDVT identity check, and the documents checked, for a period of not less than one year after the residential tenancy has come to an end;

(c) the landlord or agent takes all reasonable steps to identify any additional occupants of the property at the time the occupier or prospective occupier enters into the residential tenancy agreement. ”.

(5) In article 7—

(a) the words from “article 4” to the end become paragraph (a);

(b) after paragraph (a) insert—

“;

(b) article 5ZA for any period longer than is necessary for the purposes of ensuring compliance with article 5ZB. ”.

IDVT amendments: Illegal Working Compliance Orders Regulations 2016

10.—(1) The Illegal Working Compliance Orders Regulations 2016 are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate places, insert—

““ identity document validation technology ” means technology operated by a person for the purpose of verifying the identity of another person (“the subject”), whereby a digital copy of a physical document relating to the subject is produced by or in relation to the subject for verification of—

““ IDVT identity check ” means the response generated by an IDVT identity service provider, using identity document validation technology, when undertaking identity verification with respect to a person; ”;

““ IDVT identity service provider ” means a person that provides identity verification services using identity document validation technology; ”;

““ relevant IDVT document ” means a document falling within the description in paragraph 1 or 1A of Schedule 1 and which has not expired; ”.

(3) In regulation 3 (obligation to conduct right to work checks), after “regulation 4,”, insert “4A,”.

(4) After regulation 4 insert—

“Right to work checks: IDVT identity check

4A.   A relevant person must—

(a) obtain in relation to the employee from an IDVT identity service provider an IDVT identity check which shows that there exists in relation to the employee a relevant IDVT document,

(b) receive from the IDVT identity service provider a copy of the IDVT identity check, and the document checked, in a format which cannot be subsequently altered,

(c) reasonably believe that the IDVT identity service provider has complied with the requirements set out in regulation 6A(1), and

(d) comply with the requirements set out in regulation 6A(2). ”.

(5) After regulation 6 insert—

“Right to work checks: IDVT identity checks—requirements

6A.— (1)  The requirements mentioned in regulation 4A(c) are, in relation to a relevant IDVT document produced for the purposes of an IDVT identity check in pursuance of regulation 4A(a), that—

(a) the IDVT identity service provider takes all reasonable steps to check the validity of the document;

(b) the IDVT identity service provider records in a format that cannot be subsequently altered the date on which the check was carried out;

(c) the IDVT identity service provider is satisfied that the photograph is of the employee;

(d) the IDVT identity service provider is satisfied that the date of birth is consistent with the appearance of the employee;

(e) the IDVT identity service provider takes all reasonable steps to verify that the employee is the rightful holder of the document;

(f) where the document is a passport which is not in the form of a card, the IDVT identity service provider retains a clear copy of the following pages of that document in a format which cannot be subsequently altered—

(i) any page containing the holder’s personal details including nationality;

(ii) any page containing the holder’s photograph;

(iii) any page containing the date of expiry;

(g) where the document is a travel document in the form of a card, the IDVT identity service provider retains a clear copy of the whole of that document in a format which cannot be subsequently altered.

(2)  The requirements mentioned in regulation 4A(d) are that—

(a) the relevant person is satisfied that the photograph of the individual contained in the information received by the relevant person in accordance with regulation 4A(b) is of the employee;

(b) the relevant person retains a clear copy of the IDVT identity check, and the documents checked, for a period of not less than two years after the employment has come to an end. ”.

(6) In regulation 7 (obligation to produce documents to an immigration officer) for “or 9A” substitute “, 9A or 9B”.

(7) After regulation 9A insert—

“Documents to be produced to an immigration officer: IDVT identity check

9B.   A relevant person must produce a clear copy of the IDVT identity check and the document checked. ”.

(8) In regulation 10 (restriction on retention of documents) for “or 9A” substitute “, 9A or 9B”.

Regulation 6(1)

SCHEDULE 1 Substitute application form for personal licence

Regulation 6(2)(a)

SCHEDULE 2 Substitute application form for premises licence under the Licensing Act 2003

Regulation 6(2)(b)

SCHEDULE 3 Substitute application form to transfer premises licence under the Licensing Act 2003

Regulation 6(2)(c)

SCHEDULE 4 Substitute form of interim authority notice under the Licensing Act 2003

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to legislation relating to immigration.

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.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.