Disclaimer: This is in no way legal advice! It is simply an idea to approach for those family members who have a right of residence in the UK to approach when/if The Home Office refuse to accept this right.
As many people know, there is a Comprehensive Employers Guidance on preventing illegal working, that has been issued by The Home Office. All of the media campaigns actually state that to employ a person could land you a £10,000 fine if that person turns out to be undocumented. Numerous reports and updates on the Home Office News highlight how business owners are being fined as a result.
There is a SIMPLE workaround for this problem. An EMPLOYER does not employ a SELF EMPLOYED person. If you “sub-contract” your work to another individual, or “rent a chair” in a hair salon (for example) then The Home Office cannot actually fine the business owner.
On page 71, question 23 of the Comprehensive Employers Guidance highlights how you can tell if a person that you are looking to employ will be classed as someone who is‘self-employed’ or ‘an employee’.
I use the example of an hair dresser above, as this seems to be the prefered choice of Home Office raids. The same works for many situations, IE: Delivery Drivers, Photographers, or Graphical Designers to name a few.
The Home Office may raise the concerns of whether the person who you are contracting your work to is registered with HMRC as a self-employed person. This is not your problem. You are requesting the services of another body. Taxation on the part of the self-employed contactor is something for them to sort out.
I raise this issue in knowing the following: A family member of an EEA national, or a Zambrano Carer does not legally have to register for a document certifying their right to reside and work. However, if an employer employs such a person, they can still land potential fines of £10,000 per employee.
On deciding who is employed and self employed is still the decision of the “employer”. However, HMRC have specific guidance on the matter which is available here: HMRC: Employed or Self-Employed.
It is useful for a business owner who needs additional help to use the HMRC’s Employment Status Indicator. Also read the full guidance given by HMRC (in addition to the Home Office’s guidance).