Rights, entitlements and responsibilities

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Co-financed by the European Fund for the Integration of Third Country Nationals

8. Rights, entitlements and responsibilities

8.2 Ensuring compliance with the law

The Home Office has responsibility for preventing abuse, tracking offenders and increasing compliance with the law in relation to migration.  It works with a wide range of partners, including local authorities, to ensure that migration is managed and regulated in line with UK Government policy.

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The Home Office can provide guidance to local authority officers on their legal responsibilities, whether in relation to councils’ duties as employers, or their role around service and benefit provision for migrants.  The Home Office Immigration Enforcement team in Glasgow can provide support by confirming identities, conducting checks on foreign national status, examining documents and verifying details from countries of origin.  Please contact us for more information.

All employers are responsible for checking if job applicants are allowed to work for them in the UK, before they employ them.  Further details on how to do this can be found here.  Employers can face civil penalties if they employ illegal workers and haven’t carried out correct right to work checks.

There can also be challenges for employers in screening job applicants who are from outwith the UK, or who have lived and worked outside the UK.  While the Scottish Government is working with the UK Government to improve the exchange of conviction information with other countries in the EU and beyond, many countries have different justice systems and policies on retaining conviction data.  This means that there can be significant challenges for employers in obtaining accurate information.  Further information on this is available from Disclosure Scotland, while NHS Scotland also provides useful guidance on safer pre and post employment checks.