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Guidance for employers on the law on preventing illegal working

Published On:Friday, May 22, 2015

Section 8 of the Asylum and Immigration Act 1996 (of Parliament) as extended to the Isle of Man by the Immigration (Isle of Man) Order 2008 makes it a criminal offence for a person to employ another person who is subject to immigration control where —

(a) the employee has not been granted leave to enter or remain in the Isle of Man; or

(b) the employee’s leave is not valid and subsisting, or is subject to a condition precluding him or her from taking up the employment,

and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Department of Economic Development ('DED').

It is a defence for the employer to show that he or she has complied with requirements specified in an order made by the Department.

Section 8 has been extended to the Isle of Man with effect from 1st May 2008, and an order specifying the conditions which an employee must satisfy, and the requirements with which an employer must comply, came into force on the same date.

Please use this link for an overview of Immigration in the Isle of Man

A guidance booklet for Isle of Man Employers on the Law on Preventing Illegal Working, which has been produced by the Dept for Economic Development and the Immigration Office, which contains information and best practice advice for Office on how to implement the legislation. The booklet is intended to be a particularly useful reference tool for human resources staff and employment agencies, who are likely to be involved in recruiting new staff. For further information or guidance on immigration matters, you can phone the Immigration Office on +44 1624 685203 or email: [email protected].