Section A: Overview of UK Immigration Compliance
For employers and education providers, immigration compliance is about running day-to-day recruitment, onboarding and sponsorship activity in a way that meets Home Office requirements. The main duties sit in the prevention of illegal working regime and, where the organisation sponsors workers or students, the sponsor licence reporting, monitoring and record-keeping framework.
1. Who is Affected by Immigration Compliance?
In practice, the highest compliance exposure sits with employers and licensed sponsors. Other regimes exist, but most organisations looking for compliance support are managing right to work duties, sponsor licence compliance or both.
a. Employers
Employers in the UK are required to prevent illegal working by ensuring that their employees have the Right to Work in the UK. They have to conduct Right to Work checks before employing someone, keep copies of relevant documents and ensure they comply with the data protection requirements. Employers may face civil penalties on a strict liability basis, and in more serious cases criminal liability where they knew or had reasonable cause to believe that illegal working was taking place.
b. Sponsor licence holders
Sponsor licence holders are required to comply with a range of duties, including reporting specific changes to the UK Visas and Immigration (UKVI), monitoring sponsored workers’ employment, role, salary and attendance against the conditions of their visa and reporting relevant changes through the Sponsorship Management System (SMS).
Failure to fulfil these responsibilities can result in sponsor licence suspension or revocation, which could significantly impact the organisation’s operational capabilities and reputation.
c. Educational Institutions
Universities, colleges, and schools that accept international students must obtain and maintain a Student sponsor licence. They are responsible for ensuring that their international students comply with their visa terms, including course attendance and progress monitoring. Failure to comply can result in the revocation of their sponsor licence.
d. Other regulated parties
Certain other sectors also have immigration compliance duties under specific statutory schemes. These include landlords and letting agents in England under the Right to Rent regime, NHS bodies and relevant providers applying NHS overseas visitor charging rules, banks and building societies carrying out checks under the Home Office disqualified persons regime and international carriers verifying that passengers hold the required travel and immigration documentation before carriage. These regimes are separate from employer and sponsor licence compliance and have their own rules, processes and enforcement powers.
2. Legal Framework Governing Immigration Compliance
The legal framework governing immigration in the UK is designed to manage and control the flow of people entering and living in the country. Key components of this framework include:
a. Immigration Act 1971: This foundational piece of legislation sets out the basic structure of immigration control in the UK, including who may enter, who is allowed to stay, and the conditions of their stay.
b. Points-Based System (PBS): The PBS is a system for managing the flow of workers and students from overseas. It categorises applicants into routes based on skills, qualifications, and the need for their presence in the UK.
c. Code of Practice on Preventing Illegal Working: Under the Code, employers in the UK are required to conduct Right to Work checks to ensure that their employees have the legal right to work in the UK, or risk substantial fines and potentially criminal prosecution.
d. UK Visas and Immigration (UKVI): This body is responsible for operating the UK’s visa system, managing applications for people who want to visit, work, study, or settle in the UK.
e. UK Immigration Rules: These are detailed conditions and requirements for anyone wanting to enter or remain in the UK. They are frequently updated to reflect the current policies and needs of the country.
The Home Office tends to focus on operational discipline and consistency. In an audit or investigation, decision-makers expect to see compliant checks, reporting and records happening routinely as part of normal operations, supported by clear ownership and an audit trail that can be produced quickly.
DavidsonMorris Strategic Insight
In terms of economic migration, the role of the UK’s immigration compliance regime is to make sure employers are operating on a day-to-day basis with their duties in mind. So immigration compliance isn’t something that can be addressed intermittently or retrospectively. It’s the everyday decisions, actions and records that have to meet the required standards.
The regime is purposefully broad in its reach. It’s dangerous for employers to assume immigration compliance is only about hiring foreign workers. In reality, even ordinary recruitment incurs immigration compliance.
Section B: Immigration Compliance Requirements for Employers
Employers in the UK have to meet various immigration compliance requirements as part of their everyday operations, from verifying that new joiners have permission to work in the UK, to maintaining and retaining personnel records in accordance with specific rules.
1. Right to Work Duties
The UK government operates a strict regime to prevent illegal working. Employers have a legal duty to ensure that everyone they employ has the right to work in the UK. The regime applies regardless of whether any of your workforce are foreign nationals; Right to Work checks must be conducted on all employees before they begin employment.
Failing to comply with these regulations can lead to civil penalties for the employer, including fines and potential reputational damage.
Here are the key points about an employer’s duties under the prevention of illegal working regime:
a. Conducting Right to Work Checks
All employers in the UK must carry out Right to Work checks on every person they employ before they start work. This applies to both British and foreign nationals. The purpose of the check is to verify that the individual has the legal permission to work for you in the UK.
b. Types of Right to Work Checks
Under the current rules, there are four different ways to conduct a Right to Work check:
| Right to Work Check | Description | Application |
|---|---|---|
| Manual Right to Work Check | This involves checking the original, physical documents proving the individual’s right to work. The employer must check the documents against a prescribed list of acceptable documents provided by the Home Office. | Applicable to all employees who can provide original documents. |
| Employer Checking Service | This is a free online service from the Home Office for cases where the individual cannot provide original documents for a manual check or does not use online checks. | Useful for individuals with pending applications or where documents are with the Home Office. |
| Digital Right to Work checks (using IDVT) | This method utilises Identity Document Validation Technology (IDVT) through an Identity Service Provider (IDSP). It is currently only available for British and Irish citizens holding a valid biometric passport. | Available for British and Irish citizens with biometric passports. |
| Home Office Online Right to Work checks | This online system allows non-British and non-Irish citizens with a share code to provide their details to the employer for verification. | Applicable to non-British and non-Irish citizens with a share code. |
c. Follow-up Checks
If an individual’s right to work is time-limited (e.g., visa with an expiry date), the employer must conduct a follow-up check to ensure their right to work remains valid shortly before the expiry date.
d. Maintaining Records
Employers are required to keep copies of the documents they used to verify an employee’s right to work for a minimum period, for the duration of employment and for at least two years after employment ends, in line with Home Office guidance.
Read our complete guide to UK Right to Work checks here >>
2. Sponsorship duties
Employers in the UK that wish to hire foreign nationals will in most cases need to first obtain a sponsor licence from the Home Office. A sponsor licence grants the employer permission to sponsor and employ skilled workers under various routes of the Points-Based System (PBS). It demonstrates the employer’s commitment to complying with the immigration rules and allows them to assign Certificates of Sponsorship to eligible workers.
The key compliance obligations on employers relate to the following:
a. Certificate of Sponsorship (COS)
This is a unique reference number, assigning sponsorship to a specific worker for a particular job role within your organisation. Employers can only assign a CoS if the job offer meets the relevant minimum salary threshold and skill level requirements set by the UK government for that occupation.
b. Reporting Duties
Sponsors are required to report certain changes to the Home Office through the Sponsorship Management System (SMS) within specific timeframes, such as changes in the sponsored worker’s salary, job title, or core duties, changes in the work location and unexplained absences exceeding 10 working days.
c. Record Keeping
Employers have to maintain accurate and up-to-date records for each sponsored worker, including contact details, Right to Work documents, employment records and where required by the specific route or requested by the Home Office as part of a compliance visit.
d. Maintaining Sponsor Duties
Sponsorship responsibilities extend throughout the sponsored worker’s employment. Employers must ensure sponsored workers remain compliant with their visa conditions and report any potential breaches to the Home Office.
e. Avoiding Exploitation
Employers must not exploit sponsored workers by offering lower wages or poorer working conditions than those offered to settled workers.
Failure to comply with these duties can lead to various consequences, including civil penalties (fines) for the employer or downgrading, suspension or revocation of the sponsor licence, making it difficult to hire sponsored workers in the future.
Read our comprehensive guide to sponsor licence compliance >>
3. Personnel Record Keeping and Data Protection
Maintaining accurate records is crucial, not only for compliance with immigration laws but also for adhering to data protection principles under the UK’s Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
Key compliance aspects include:
a. Data Accuracy: Ensure that all records related to immigration and employment are accurate and up-to-date.
b. Security: Store personal data securely to prevent unauthorised access, loss, or destruction. Employers must use physical and electronic security measures.
c. Limited Access: Access to employee records should be limited to personnel with a legitimate need to view or process them.
d. Data Retention: Retain employment records for the duration required by law and ensure they are disposed of securely once no longer needed.
DavidsonMorris Strategic Insight
The Home Office expects all UK employers to know their obligations and to be able to show operational discipline and consistency in discharging these duties. If UKVI investigates, caseworkers are looking to see that compliance is embedded into routine processes and carried out in the ordinary course of business in your recruitment, onboarding, sponsorship management and day-to-day operations.
Immigration compliance is judged solely on behaviour, with no accounting for intentions or genuine mistakes. It’s wholly achievable, through proactive measures to stay on track and up to standard. Are you up to date with the latest rules? Are you carrying out regular audits? Are your personnel trained regularly?
Section C: Immigration Compliance for Education Institutions
Educational institutions in the UK, such as universities, that host international students must adhere to specific requirements under the Points-Based System.
1. Apply for a Sponsor Licence
This involves obtaining and maintaining a Student sponsor licence, which enables them to sponsor international students for their visa applications. To apply for a sponsor licence, the institution will have to evidence their eligibility, including the necessary infrastructure and resources to support international students.
Institutions must also be subject to regular inspections by designated bodies to ensure they meet educational quality standards.
They must also keep accurate records of all sponsored students, including their attendance and performance. They must report certain events to the UKVI, such as non-enrolment, discontinuation of studies, significant changes in course details or unauthorised absences or non-engagement that meets the reporting thresholds set out in the Student Sponsor Guidance for their specific course and study pattern.
2. Monitoring Responsibilities
Educational institutions have significant monitoring responsibilities to ensure compliance. They have to monitor attendance of their international students, and keep records updated. They should have a system in place to flag unauthorised absences and engage with students who are at risk of non-compliance.
Regular reviews of academic progress are also required to ensure sponsored students are on track to complete their course as expected.
Finally, institutions must ensure that students are complying with the conditions of their visas. This includes not working more hours than permitted and not engaging in activities that are not allowed under their visa type.
Failure to comply with these requirements can result in the revocation of the institution’s sponsor licence, which would prevent it from admitting and teaching international students. This could have severe reputational damage and financial consequences for the institution.
DavidsonMorris Strategic Insight
For education providers, scale is usually the main risk factor. Maintaining compliance across large and diverse student populations is demanding, but it is achievable where consistent monitoring processes are supported by clear documentation of decision-making and proactive, recorded student engagement. Home Office scrutiny tends to focus on whether engagement, intervention and reporting are applied systematically rather than reactively or inconsistently.
Section D: Penalties and Enforcement for Employers
Immigration enforcement against employers is primarily about confidence in systems rather than isolated errors. The Home Office does not start from the question of whether an organisation intended to comply. It looks at whether compliance controls are reliable, consistently applied and capable of preventing illegal working and sponsorship breaches as part of normal operations. Where those controls are weak or inconsistently applied, enforcement action becomes more likely.
Penalties are not imposed in a vacuum. They usually follow audits, site visits, intelligence-led investigations or data mismatches that indicate systemic issues. Once enforcement action begins, the scope often widens beyond the original trigger to assess overall compliance culture and governance.
| Area | Headline penalty or outcome | Triggers |
|---|---|---|
| Civil penalty for illegal working | Up to £45,000 per illegal worker for a first breach | Employing someone without the right to work, or in breach of conditions, where a compliant Right to Work check was not carried out correctly and on time. |
| Civil penalty for repeat illegal working | Up to £60,000 per illegal worker for repeat breaches within the relevant period | Repeat findings of illegal working linked to defective or missing Right to Work processes and weak follow-up controls. |
| Loss of statutory excuse | Exposure to civil penalties, even where the breach was unintentional | Missing checks, checks completed after employment starts, using the wrong check type, incomplete records, or failure to complete required follow-up checks. |
| Sponsor licence downgrading | Licence rating downgraded and an action plan required | Compliance concerns such as incomplete sponsored worker files, weak monitoring, delayed or incorrect reporting and wider doubts about systems and governance. |
| Sponsor licence suspension | Licence suspended pending investigation | Evidence of serious or systemic breaches, failure to cooperate with UKVI, or concerns that sponsored roles, pay, location or attendance records do not match reality. |
| Sponsor licence revocation | Licence revoked, sponsorship permissions removed and disruption to sponsored workforce | Severe or repeated breaches, loss of confidence in sponsor systems, or conduct that UKVI treats as incompatible with sponsorship duties. |
| Criminal liability for illegal working | Prosecution risk and unlimited fines, with custodial exposure in serious cases | Cases where the employer knew, or had reasonable cause to believe, that illegal working was taking place. |
| Operational and reputational impact | Business disruption, recruitment delays and reputational damage | Home Office site visits, investigations, penalties, sponsor licence action and increased future scrutiny once compliance concerns are identified. |
1. Civil penalties for illegal working
The most immediate financial risk for employers arises under the prevention of illegal working regime. Where an employer is found to have employed a person who did not have the right to work, or who was working in breach of their conditions, the Home Office can impose a civil penalty on a strict liability basis. This means that liability can arise even where the breach was unintentional.
For a first breach, civil penalties can be imposed at a rate of up to £45,000 per illegal worker. Where the employer has committed a repeat breach within the relevant period, the maximum penalty increases to £60,000 per illegal worker. Penalties are assessed per individual, so exposure can escalate quickly where multiple workers are affected.
Whether an employer benefits from a statutory excuse depends entirely on whether compliant Right to Work checks were carried out correctly and at the correct time. Where checks are missing, defective or carried out using the wrong method, mitigation is limited regardless of intent or good faith.
2. Sponsor licence compliance action
For organisations that hold a sponsor licence, enforcement risk extends beyond financial penalties. The Home Office has a wide range of discretionary powers to take action where it considers that sponsor duties are not being met. This includes downgrading a licence rating, suspending the licence while investigations are carried out or revoking the licence entirely.
Sponsor licence action is often triggered by patterns rather than single events. Inconsistent reporting, unexplained absences, role drift, salary discrepancies, incomplete files or delayed responses to Home Office enquiries can all undermine confidence in a sponsor’s compliance framework. Once that confidence is lost, licence action can follow even where individual breaches appear minor in isolation.
The commercial impact of sponsor licence suspension or revocation can be severe. Sponsored workers may have their leave curtailed, recruitment plans can stall and business continuity can be disrupted at short notice.
3. Criminal liability and aggravated breaches
Criminal liability for illegal working arises in more serious cases where an employer knew, or had reasonable cause to believe, that illegal working was taking place. These cases are less common than civil penalties but carry significantly higher risk, including unlimited fines and, in some circumstances, custodial sentences for individuals involved.
Aggravating factors that increase enforcement risk include deliberate document falsification, repeated non-compliance, failure to cooperate with investigations or evidence that warnings or prior penalties have been ignored. Where criminal thresholds are met, enforcement action may extend beyond the organisation to directors, officers or managers.
4. Reputational, operational and commercial consequences
Beyond formal penalties, immigration enforcement carries wider consequences that are often underestimated. Public penalty notices, sponsor licence action and compliance failures can damage an organisation’s reputation with regulators, clients, investors and the workforce. For regulated sectors or public-facing bodies, the impact can extend well beyond immigration functions.
Operationally, enforcement action diverts management time, disrupts recruitment and can force rapid changes to workforce planning. Once an organisation is on the Home Office’s radar, future scrutiny tends to increase rather than diminish.
DavidsonMorris Strategic Insight
Immigration enforcement penalties are now among the most severe they have ever been, reflecting goverment policy intention to deter non-compliance. Illegal working and unlawful migration remain politically and socially sensitive issues, and enforcement policy is now being deliberately structured to have a harsh, operational impact on employers.
The scope for employers to defend or challenge enforcement action is often limited and will depend heavily on the specific facts and circumstances. If your organisation is facing a UKVI investigation, audit or site visit, getting early professional advice can help. We offer fixed-fee telephone consultations for employers, to help you understand what to expect and how to prepare.
Section E: Compliance Best Practices
Immigration compliance lives or fails in day-to-day operations. Policies, training materials and written procedures only matter to the extent they are applied consistently when recruitment is under pressure, staff move roles, absences occur or sponsorship details change. Most organisations that run into difficulty are not ignoring the rules. They are operating with processes that break down when volume increases or responsibility becomes fragmented.
From a Home Office perspective, best practice is not about perfection. It is about control. Caseworkers are looking for evidence that compliance is embedded into routine systems, supported by records that can be produced quickly and show that decisions were taken deliberately, not retrospectively. Where that discipline is missing, small issues have a habit of escalating into enforcement action.
1. Common risks in immigration compliance
The most common compliance failures are operational rather than legal. Incomplete or inconsistent record keeping remains one of the primary triggers for adverse findings during audits. Documents may exist, but not in a form that demonstrates when checks were carried out, who carried them out or whether follow-up action was taken where permission was time-limited. When records cannot be produced promptly or appear fragmented across systems, credibility is lost quickly.
Another frequent risk arises where changes in circumstances are not captured and acted on in real time. Changes to job duties, work location, salary, student engagement or personal details often occur outside formal HR or compliance workflows. If those changes are not escalated, assessed and documented, organisations can fall out of compliance without realising it. Misunderstanding visa conditions also remains common, particularly around student working limits and sponsored role scope. These are rarely deliberate breaches, but the Home Office does not distinguish between intention and outcome. Failures to monitor visa expiry dates and follow-up checks compound these risks and can result in unlawful employment even where the underlying right to work could have been preserved.
2. Best practice controls for employers and sponsors
Effective immigration compliance is built around a small number of core controls that operate consistently across the organisation. These controls should be proportionate, repeatable and resilient under pressure. The aim is to ensure that compliance decisions are taken deliberately, recorded contemporaneously and supported by a clear audit trail, rather than reconstructed after the event.
The table below sets out the key best practice controls that Home Office decision-makers expect to see operating in practice.
| Best practice area | Compliance in practice |
|---|---|
| Right to Work process | Checks completed before work starts, using the correct method for the individual’s status, with clear records showing date, checker and outcome. |
| Follow-up monitoring | Time-limited permission tracked centrally with reminders and follow-up checks completed before expiry, not after. |
| Sponsorship controls | Clear ownership of sponsor duties, with changes to role, pay, location and absences assessed and reported through the SMS within required timeframes. |
| Record keeping | Files are complete, consistent and accessible, with documents stored in a way that supports rapid production during an audit. |
| Training and awareness | Recruitment, HR and line managers understand when immigration issues arise and know how to escalate them before action is taken. |
| Audit readiness | Regular internal or external reviews test whether systems operate as intended under real conditions, not just on paper. |
| Change management | Clear internal routes for reporting personal, employment or study changes so compliance impact is assessed promptly. |
| Incident response | A documented plan for responding to potential breaches, including suspension of work where required and timely engagement with the Home Office. |
Section F: Case Studies
DavidsonMorris are UK immigration compliance specialists. We have extensive experience helping UK employers to be proactive in meeting their compliance obligations efficiently and effectively, as well as advocating for our clients facing Home Office enforcement action. Examples of our recent work include the following:
1. Large-Scale Immigration Compliance Training & Auditing for Local Authority
We devised and delivered a bespoke training and auditing solution on behalf of a local authority that sought to verify the immigration compliance of over 150 companies.
2. Lapsed Sponsor Licence Reinstated for Global Travel Company
This company’s UK sponsor licence had been left to expire and they had unknowingly continued to sponsor skilled workers for 18 months without a valid licence.
Our strategy was to apply for a new sponsor licence and to be transparent with the Home Office about the circumstances behind the expired licence.
We compiled a comprehensive submission for the fresh sponsor licence and prepared legal representations requesting that the Home Office disregard the previous failure to comply with sponsor duties due to exceptional circumstances.
The Home Office accepted our submission and reasoning, and the client was granted a new sponsor licence application with an A rating within only 9 days.
3. Sponsor Licence Reinstatement For UK Care Home Following Significant Compliance Breaches
The company contacted us when their licence was suspended due to severe breaches of their compliance duties, some of which are usually considered as mandatory grounds for direct revocation.
We assessed the case and prepared legal representations in favour of the reinstatement of our client’s licence. The Home Office agreed with every one of our legal arguments, and after only a couple of months, our client’s licence was fully reinstated with an A-Rating without even the need for our client to follow an action plan and go through the standard B-rating process.
Section G: Summary
The complexities of immigration regulations and the frequency of change make staying compliant a growing challenge for those affected.
Given the potential for severe consequences, including fines, loss of licences, curtailed visas and damage to reputation, the stakes are high. This underlines not just the importance of compliance, but also the value of seeking expert advice.
Section H: Need Assistance?
DavidsonMorris are UK immigration compliance specialists. We offer a range of compliance solutions, including:
a. E-learning software: enabling employers to disseminate compliance training across a large and dispersed workforce to promote best practice and ensure duties are met consistently.
b. SMS Level 1 & Level 2 User Training: practical training for those operating their organisation’s sponsorship management system.
c. Free training webinars: we deliver an ongoing programme of webinars providing practical insights and guidance on immigration matters.
d. Immigration compliance audits: we conduct mock audits to help organisations identify and address potential breaches or areas of non-compliance, ensuring the organisation is ‘match-fit’ should the Home Office carry out an inspection.
d. Bespoke training: we can meet your organisation’s specific compliance needs through tailored programmes, sessions and documentation.
To find out more about our immigration compliance services, or to discuss a specific compliance issue, contact our experts.
Section I: FAQs on Immigration Compliance in the UK
What is immigration compliance?
Immigration compliance refers to the adherence to all the laws and regulations that govern the entry and stay of non-UK nationals in the UK. This includes fulfilling all legal requirements related to work, study, and residency by individuals, employers, and educational institutions.
Why is it important for employers to conduct Right to Work checks?
Employers are legally required to conduct Right to Work checks to prevent illegal employment. These checks ensure that employees have the proper authorisation to work in the UK, helping employers avoid substantial fines and legal repercussions.
What are the key responsibilities of educational institutions hosting international students?
Educational institutions must ensure they have a valid sponsor licence, maintain accurate records of their international students, monitor their attendance and academic progress, and report any significant changes in their enrolment status to the Home Office.
How can I stay updated on changes in UK immigration laws?
Stay updated by regularly checking the UK Visas and Immigration website, subscribing to our updates and attending our immigration webinars.
What happens if I fail to comply with immigration laws?
Non-compliance can result in various penalties, including fines, loss of licence to sponsor international students or foreign workers, and even criminal charges for more severe breaches. For individuals, it might result in detention, removal from the UK, and bans on re-entry.
What should I do if my circumstances change while on a UK visa?
If there are any significant changes in your circumstances, such as a change in your marital status, employment, or address, you must report these changes to the Home Office as soon as possible to avoid any impact on your visa status.
How often should I conduct internal audits for immigration compliance?
It is advisable to conduct internal audits at least annually or more frequently if your organisation has a large number of foreign nationals or if there have been recent changes in immigration laws that might affect your operations.
What resources are available for learning more about immigration compliance?
Key resources include the UK Visas and Immigration (UKVI) website, the Office of the Immigration Services Commissioner (OISC), and the Immigration Law Practitioners’ Association (ILPA), among others.
How can a non-compliance record affect my business?
A record of non-compliance can seriously damage your business’s reputation, undermine trust with your customers and the public, and lead to financial losses through fines and legal costs. It can also affect your ability to sponsor and employ foreign workers in the future.
Section J: Glossary of UK Immigration Compliance Terms
| Term | Meaning |
|---|---|
| Certificate of Sponsorship (CoS) | A virtual record assigned by a licensed sponsor to a specific job and worker. The worker uses the CoS reference number to apply for a sponsored work visa and the sponsor is required to assign it only where the role meets the relevant route requirements, including skill and salary rules. |
| Home Office | The UK government department responsible for immigration control, policy and enforcement, including sponsor licensing and the prevention of illegal working regime, delivered operationally through UK Visas and Immigration and other Home Office functions. |
| Immigration Act 1971 | A core statute forming the framework of UK immigration control, including the concept of leave to enter or remain, conditions attached to permission and statutory protection of leave in certain cases, including section 3C leave. |
| Immigration Rules | Rules made by the Home Office and laid before Parliament that set the detailed requirements for permission to enter or stay in the UK, including work, study, family and settlement routes. They are updated frequently and the applicable version depends on the timing and transitional provisions. |
| Illegal working | Working without the right to work in the UK or working in breach of visa conditions. Employers can face civil penalties on a strict liability basis and, in more serious cases, criminal liability where they knew or had reasonable cause to believe illegal working was taking place. |
| Points-Based System (PBS) | The framework for UK work and study routes where applicants need to meet route-specific criteria, often supported by sponsorship from a Home Office licensed sponsor in routes such as Skilled Worker and Student. |
| Right to Rent | A legal scheme in England requiring landlords and letting agents to check a prospective occupier’s right to rent before a tenancy starts and, where relevant, to carry out follow-up checks for time-limited permissions, in line with Home Office guidance. |
| Right to Work check | A prescribed process employers use to obtain a statutory excuse against a civil penalty for illegal working. Checks are carried out before employment starts and may involve manual document checks, the Home Office online service using a share code, the Employer Checking Service in specific cases or an Identity Service Provider using Identity Document Validation Technology for eligible British and Irish passport holders. |
| Section 3C leave | A statutory continuation of leave under section 3C of the Immigration Act 1971 where an in-time application to extend or vary permission is pending and the person has not left the UK, subject to the rules on when section 3C starts and ends. |
| Sponsor licence | Home Office authorisation allowing an organisation to sponsor workers or students under relevant routes. Holding a licence comes with ongoing reporting, record-keeping, monitoring and wider compliance duties set out in sponsor guidance. |
| Sponsorship Management System (SMS) | The Home Office online portal used by sponsors to manage their licence, assign Certificates of Sponsorship and report changes relating to the organisation and to sponsored workers or students within the required timeframes. |
| Student sponsor licence | A sponsor licence category that permits an education provider to sponsor international students under the Student route. It includes compliance duties around enrolment, engagement monitoring, record keeping and reporting as set out in the Student Sponsor Guidance. |
| UK Visas and Immigration (UKVI) | A Home Office directorate responsible for running the UK’s visa and immigration system, including visa decision-making, sponsor licensing operations and related compliance activity. |
| Genuineness requirement | The requirement in the sponsored work system that a role is genuine and meets the route’s requirements, including that the job duties, skill level and salary align with the claimed occupation and the role is not created mainly to facilitate a visa application. |
| Disqualified persons regime (bank account checks) | The Home Office-led regime requiring banks and building societies to carry out immigration status checks when opening certain current accounts, to prevent access by people who are disqualified from holding an account due to their immigration status. |
| NHS charging for overseas visitors | The rules requiring NHS bodies and relevant providers to assess whether a person is chargeable for certain NHS services under the NHS (Charges to Overseas Visitors) Regulations and to apply charging where required, depending on immigration status and ordinary residence rules. |
| Administrative removal | The Home Office process for removing a person who has no valid permission to be in the UK or has breached conditions, which is distinct from deportation and can carry future re-entry ban consequences depending on the circumstances. |
| Deportation | A formal legal process to remove a non-British citizen from the UK, most commonly on the basis of criminality, including automatic deportation provisions under the UK Borders Act 2007 subject to statutory exceptions. |
Section K: Additional Resources on UK Immigration Compliance
| Resource | What it covers | Link |
|---|---|---|
| GOV.UK – Visas and Immigration | The central government portal for UK visa routes, immigration status, applications, fees, processing times and official guidance. | https://www.gov.uk/browse/visas-immigration |
| Home Office – Immigration policy and guidance | Policy papers, sponsor guidance, operational instructions and updates that underpin immigration compliance and enforcement. | https://www.gov.uk/government/organisations/home-office |
| Right to Work checks – employer guidance | Official guidance on how employers should conduct Right to Work checks, retain records and obtain a statutory excuse. | https://www.gov.uk/check-job-applicant-right-to-work |
| Employer civil penalties for illegal working | Detailed guidance on civil penalties, mitigation factors and how the Home Office assesses breaches of illegal working duties. | https://www.gov.uk/government/publications/civil-penalty-for-employers-illegal-working |
| Sponsor guidance – workers | Mandatory guidance for organisations sponsoring workers, including reporting duties, record keeping and compliance action. | https://www.gov.uk/government/collections/sponsorship-information-for-employers-and-educators |
| Student sponsor guidance | Compliance requirements for education providers sponsoring international students, including monitoring and reporting duties. | https://www.gov.uk/government/publications/student-sponsor-guidance |
| Right to Rent guidance (England) | Official guidance for landlords and letting agents on Right to Rent checks and compliance obligations. | https://www.gov.uk/check-tenant-right-to-rent-documents |
| NHS charging for overseas visitors | Guidance on charging overseas visitors for NHS treatment and how immigration status affects entitlement. | https://www.gov.uk/government/collections/nhs-overseas-visitors |
| Office of the Immigration Services Commissioner (OISC) | Regulator for immigration advisers who are not solicitors or barristers, including registration and conduct rules. | https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner |
| Immigration Law Practitioners’ Association (ILPA) | Professional body providing training, analysis and resources on UK immigration law and policy. |
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