SIA gave security licences to 5,000 illegal workers

The Home Office has admitted that it has given clearance for more than 5,000 illegal immigrants to work in high security positions.

Ministers have ordered more checks on 40,000 people following the discovery that the Security Industry Authority (SIA) was not checking that applicants had permission to work the UK before it granting them licences.

The Metropolitan Police confirmed that some of the migrants who were not properly vetted by the Security Industry Authority had been working for them.  

The SIA said it was not its job to ask applicants if they were illegal immigrants. The only checks carried out were on a person's past behaviour or for any criminal record.

A spokesperson for SIA told Workplace Law: 

"There is no legal responsibility for the SIA to carry out right to work checks; that is the role of the employer. We work closely with security companies to remind them of their legal obligations and best practice when establishing the rights of their potential employees to work but employers should not accept the possession of an SIA licence as proof of this right.

No licences have been knowingly issued to illegal immigrants, nor to those who do not have the right to work in the UK. Swift action has been taken to ensure that all current, previous and future SIA applications undergo thorough right to work checks through the Border and Immigration Agency (BIA.)

 Since July this year the SIA has carried out right to work checks on 100 per cent of applicants, excluding EU and EEA nationals who automatically have the right to work in the UK. 

Where it is subsequently discovered that a licence holder does not have the right to work in the UK the licence will be revoked.  However, it is inevitable that criminals and illegal workers will seek to obtain licences to which they are not entitled and we are working closely with BIA to share resources and information to target illegal working."

The Government review of 40,000 security staff given licences by the security regulatory body over the past three years is expected to be completed by the end of the year, the Home Office said.

A spokeswoman for the department said that about 5,000 illegal immigrants were estimated to have been identified by the review, and that anyone found to be working illegally would have their licence taken away and would face removal from the UK.

It is a criminal offence to employ someone in the United Kingdom who is over the age of 16, is subject to immigration control and has no permission to work in this country or is in breach of the conditions of his stay. To avoid prosecution employers must show that they have carried out detailed checks to ensure that the prospective employee either has the required permission to work or does not need it.

For more information, premium members of Workplace Law can download the white paper, "A Right to Work? - what to consider when hiring non-British staff", here »