Our immigration team is made up of experienced specialists who work in partnership with our employment team to provide strategic advice and support to your business on immigration compliance issues.
Right to work checks
Right to work checks must be carried out on all employees prior to starting work, placing an important obligation on employers. The checks must also be done in accordance with the specified process required by the Home Office to give an employer protection against civil penalties.
The cost of non-compliance can be substantial. This year, the civil penalties for illegal working tripled, starting at £45,000 per illegal worker for a first offence and increasing to £60,000 for repeated offences. With criminal penalties for more serious offences and a “name and shame” list published by the Home Office/UKVI for employers fined for illegal working this means there is also a risk of reputational damage with any infringement.
As a result, ensuring compliance with government guidelines is more important than ever and we can support employers of all sizes in meeting their obligations and avoiding/minimising risk.
How can we help?
- we can carry out audits of documents provided to satisfy a right to work check
- we can stress test policies and processes in place, including interviewing teams responsible for the right to work checks, to ensure the processes are up to date and legally compliant
- we can upskill your teams to ensure they have the knowledge and capability to carry out right to work checks correctly and reduce your risk profile
Sponsor compliance
Employers looking to recruit skilled individuals from overseas need a sponsor licence. A sponsor licence is a valuable tool to widen the talent pool and recruit the best candidates, however it comes with responsibility in the form of sponsor compliance duties.
These compliance duties centre around:
- there being a genuine vacancy that is being filled; minimum salary levels
- the requirement to report on changes in circumstances for the sponsored workers
- compliance with record keeping duties
- reporting changes concerning the business within the required timeframes
We can assist organisations with the entire sponsor licensing process – from the initial application to the Home Office for approval as a sponsor and throughout the life of the sponsor licence, through to ensuring compliance with sponsor duties and avoiding investigation, suspension or revocation of the licence.
How can we help?
- we can advise and assist with sponsor licence applications on all routes (including Skilled Worker and Global Business Mobility).
- we can provide training for your team on use or and maintenance of your sponsor licence (including reporting requirements)
- we can stress test policies and processes in place to ensure processes are suitable for compliance with sponsor duties, including a pre-licence or post-licence mock compliance visit
- we can prepare your teams for a Home Office compliance visit
- we can act as a ‘Level 1 User’ on your licence to assist with ongoing maintenance and reporting as well as issuing Certificates of Sponsorship
- we can assess whether a role you are recruiting for is eligible for sponsorship and advise on the minimum required salary to satisfy sponsorship requirements
