As of July this year, the SIA has begun to undertake immigration checks on applicants without an automatic right to work in the UK – such as those from outside the EU.
The concerns focus on those granted a licence before then, where it was the sole responsibility of employers to conduct right-to-work checks.
An investigation by a national newspaper has revealed illegal immigrants with SIA licenses working at airports and ports. Additionally, the Metropolitan Police Service has confirmed that some illegal immigrants have been working on its behalf through a contract company as security staff.
As a result, the Home Office has ordered fresh right-to-work checks on 40,000 security staff who have been granted licenses over the past three years. These checks are expected to be completed by the end of the year.
The SIA has mounted a strong defence of its position, stressing that it has no legal responsibility to carry out right-to-work checks, and that remains the responsibility of the employer.
A spokesperson said: “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 British Immigration Association (BIA).”
The regulator added: “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.”
Acting Chief Executive Andy Drane had sent a letter to security companies in August in which he stressed it was an employer’s responsibility to ensure that a security officer had the right to work in the UK, and highlighted an amendment to the ACS standards to stress this requirement.
The SIA received strong backing from the Home Office over the issue. In a statement, a Home Office spokesperson said: “The SIA took immediate action as soon as they became aware that some licence-holders had been employed illegally.
“From July this year, all new applicants have been granted a licence only if they are entitled to seek work in the UK. Ministers ordered checks on all existing licence-holders and these will be completed shortly. Any individual found to be working illegally will have their licence removed and face removal from the UK.”
The Home Office added: “Employers are responsible for ensuring that those they employ are entitled to work in the UK. Anyone found employing someone illegally faces prosecution and an unlimited fine. In August employers were reminded of their responsibilities by the SIA.”
Opposition politicians have jumped on the news, with the Conservatives describing the Home Office as “still not fit for purpose”.
Shadow Immigration Minister Damian Green said: “What is extraordinary about this latest Home Office fiasco is that we have been through this before. Last year the Home Office discovered it was employing illegal immigrants as cleaners in the Immigration Department itself.
“From these new revelations it looks like no effective action was taken to check who has access to some of the most sensitive buildings in this country. It looks like the Home Office is still not fit for purpose.”