IN recent weeks there has been much speculation about the extent of the economic migration that will undoubtedly be caused by the expansion of the European Union on May 1.

While EU citizens by and large have the right to travel and work freely throughout European territory, employers must remember that to employ someone whose immigration status prohibits the taking of employment is to commit a criminal offence that is punishable by a fine of up to £5,000.

In such circumstances, the employer has only one defence; that they have seen and retained a copy of one or more of the documents prescribed under the Asylum and Immigration Act 1996. This list of documents, which is maintained by the Home Office, has recently been updated.

Three documents previously deemed acceptable - Standard Acknowledgement Letters issued to asylum seekers, Construction Industry Scheme Cards and short UK birth certificates - are now deemed unacceptable and have been removed from the list.

The new list identifies certain secure documents - the most common examples being UK passports, EU passports and national identity cards. If the prospective employee is unable to produce such a secure documentation, then the employer must obtain copies of two secondary documents, such as a work permit, confirming that the employee is permitted to be in the UK and to take the employment offered.

The full list of secure and secondary documents is set out in the Immigration (Restrictions on Employment) Order 2004, found at: www.homeoffice.gov.uk/docs.

It is up to the employer to see the original document, take a photocopy and be satisfied that it relates to the individual in question.

Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 30/03/2004