When an Employee Loses their Right to Work

What if an employee loses right to work? An employer’s next steps All UK employers operate under a duty to prevent illegal working. Failure to meet your duties under the Immigration, Asylum and Nationality Act 2006 can leave your organisation liable to a civil penalty or criminal prosecution if you employ someone who does not have […]

3 Signs you could be breaching your Immigration Duties

The Home Office’s high-visibility, low-tolerance stance toward illegal working, combined with the current political climate, has pushed immigration compliance high up the business risk agenda. UKVI figures show that between April and June 2016, 887 civil penalties for illegal working were issued to UK employers. In just three months, the total value of these fines […]

Immigration Compliance – A Measure of Success

Top tips for measuring immigration compliance cost, return and performance levels There is clearly value to any organisation of avoiding non-compliance with its immigration duties and the resulting consequences – civil penalties, operational disruption, reputational harm. Beyond this, in support of demonstrating value and return on a wider global mobility programme, immigration compliance offers significant […]

List B Management Risks for Employers

An individual’s immigration status will dictate the documentation they must present to an employer to verify their Right to Work. Employees with time-limited permission, for example, are required to produce items from UKVI’s ‘List B‘ to evidence identity and temporary employment authorisation. For an employer to comply with its duty to prevent illegal working, every employee […]

Avoiding Civil and Criminal Penalties

Now more than ever, employers have to ensure that they carry out the government-prescribed document checks when hiring new employees. Failing to do so exposes employers to high civil penalties and since 12 July 2016, possible criminal prosecution. The statutory excuse The law does not explicitly require employers to perform document checks on all new employees. […]

Biometric Residence Permit Checks

When hiring citizens from countries outside of the European Economic Area (EEA), UK employers must carry out biometric residence permit checks to confirm work entitlements of each applicant and avoid the possibility of a civil penalty for illegal employment. All other documents, such as the vignette printed in the job applicant’s passport, are considered insufficient proof […]

New Criminal Offences for Employing Illegal Workers

From 12 July 2016 employers face hefty fines and significant jail terms if there is ‘reasonable cause to believe’ they have been employing illegal workers. Before these amendments an employer could plead ignorance when it came to employing illegal workers. Employers would only have criminal charges brought against them if it could be proved they […]

Mobility Trends and Immigration Compliance Issues

Businesses with global operations are using and adapting different types of mobility to deploy and develop talent, and to tap into global talent pools. But current mobility trends are creating greater compliance issues from an immigration point of view. Talent swaps  One of the fastest emerging modern mobility trends is the talent swap, where employees from different […]

Construction Industry, Operation Magnify and Civil Penalty

In 2015, the government unveiled Operation Magnify, designed to target those suspected of using undocumented migrant workers in three sectors, including construction. The Operation involves contacting Construction firms and asking for them to co-operate and disclose data about their current and previous employees and contractors. Last week, we were contacted by a firm based in […]

Changes to Right to Work Checks

2008 saw the inception of the Points Based System and the introduction of the Sponsor Licence for organisations wishing to employ foreigners in-country, from abroad, or transfer them to the UK from an overseas subsidiary. It also marked the start of Right to Work check practices where the Home Office placed on employers the responsibility […]