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Immigration, Asylum and Nationality Bill

This group of amendments contains Amendments Nos. 36 and 38. The Committee will see that this side supports the amendments of the noble Viscount, Lord Bridgeman, and the noble Baroness, Lady Anelay. I wish to stress two points briefly. On Amendment No. 36 our attention has been drawn by the Immigration Law Practitioners’ Association to the fact that there are particular problems for employers making repeat checks as when a person’s original leave expires the documents are likely to be with the Home Office as part of his application for an extension. The Home Office asks that such documents be submitted not earlier than 28 days before leave expires; and the application will not normally have been decided at the time when leave expires. There is a further problem. Particular problems are created by Clauses 1 and 11 because a person will become an overstayer as soon as his application for an extension is refused; at which point he will cease to be allowed to work and his employers will be at risk of a civil penalty and/or a prosecution. On Amendment No. 38, the Minister said in the other place:"““I confirm that guidance will be issued to employers””.—[Official Report, Standing Committee E, 20/10/05; col. 155.]" This suggests no objection to the broad thrust of the amendment but provides little information on what guidance will be given in the individual case and on whether that guidance will be in writing, making it possible for the employer to rely on it in future. Much more clarity is needed and this amendment gives the Government an opportunity to provide that. For these reasons we back both amendments.