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Statutory Excuse Checksheet
Step 1 Ask for evidence of a statutory excuse
You must ask the employer or the most appropriate responsible person present representing
the employer or the business, if they can provide evidence of a statutory excuse for the
identified illegal workers. If evidence is presented during the operation proceed to step 2. If
evidence is not presented, proceed directly to step 3.
Step 2 Determine if the statutory excuse criteria is met
For each illegal worker you must determine if all of the applicable criteria below have
been met for an excuse to be established. If all the criteria has been met for all workers,
proceed to step 3 outcome 1. If not, proceed to step 3 outcome 2 or 3, as appropriate. For
every worker:
1 You have been shown a clear copy of the document(s) checked in an unalterable
format.
2 The document(s) shown in the copy fall within either List A or List B (see overleaf).
3 The correct parts of the document have been copied (Passports: personal details
including nationality, leave expiry date, document expiry date, DOB, signature, photograph and
information indicating entitlement to enter/remain and undertake the work in question. All other
documents must be in full).
4 It is not reasonably apparent that the illegal worker who presented the document was an
imposter.
5 It is not reasonably apparent that the document presented is false.
6 The document copy does not clearly show that the illegal worker has no permission to
do the work in question.
7 You have been shown a record of the date when the check was made (this can be on
the copy, or in a separate format).
For applicable workers:
8 The document copied and/or the Positive Verification Notice presented has not time
expired (see overleaf).
9 (For students only) You have been shown details of their academic term and vacation
times covering the duration of their period of study for which they will be employed.
10 You have been shown copies of supporting evidence for the reasons for any different
names across documents (e.g. marriage certificate, divorce decree, deed poll).
Step 3 Issue the appropriate notice(s)
Outcome 1 Only issue a No Action Notice (NAN-E) listing the details of all the identified
illegal workers, as the statutory excuse criteria has been met for all of them.
Outcome 2 Only issue a Referral Notice (RN) listing the details of all the identified illegal
workers, as the statutory excuse criteria has not been met for all of them.
Outcome 3 Issue both notices: a No Action Notice (NAN-E) listing the details of the
applicable identified illegal workers where the statutory excuse criteria has been met and a
Referral Notice (RN) listing the details of the applicable identified illegal workers where the
statutory excuse criteria has not been met.
Use the Additional Workers Supplement when more than 5 illegal workers need to be listed
on a Referral Notice.