Q&As

If an individual is a student holding an Asylum Registration Card (ARC), and (1) the ARC does not confirm any restriction on working hours, and (2) the Employer Checking Service check simply confirms ‘ARC Student: Student restrictions (no self-employment)’, will the 20-hour work week limit apply to this individual or are they permitted to work full-time within a Shortage Occupation role?

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Published on: 24 January 2024
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The Immigration (Restrictions on Employment) Order 2007, SI 2007/3290, art 4A and the Schedule to the Order provide a statutory excuse to a civil penalty to an employer where they have both:

  1. •

    checked a prospective applicant’s original application registration card (ARC) issued by the Home Office stating that the holder is permitted to take the employment in question, and

  2. •

    obtained a Positive Verification Notice from the Home Office Employer Checking Service (ECS) which indicates that the person named in it is allowed to stay in the UK and

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Jurisdiction(s):
United Kingdom

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