The Home Office regime for the Prevention of Illegal Working applies to all UK employers and includes a civil penalty scheme, criminal penalties and restrictions on sponsoring non-EEA nationals to work in the UK.
What are an employer’s immigration duties?
It is essential for UK organisations to ensure they have the required evidence of employees’ right to work on file, and that their HR systems and processes are compliant.
If you do not seek the proper permission to employ workers from overseas, as well as undertake all prescribed documentation checks, you are liable for fines of up to £20,000 per worker and, in some cases, even imprisonment.
What we can do to help
DavidsonMorris’ immigration audit services can greatly ease the burden of ensuring that your company is, and remains, compliant with all immigration requirements.
As part of our audit and compliance service, we consider a number of different aspects of compliance, which include:
- Right to Work document checking systems and processes – which documents are acceptable, when documents are checked, how copies are annotated and stored and diarising further required checks.
- Processes to avoid discrimination whilst complying with Prevention of Illegal Working requirements.
- Systems addressing immigration requirements such as permitted working hours for students on Tier 4 visas.
- Systems addressing sponsorship requirements such as minimum skill levels, minimum salary levels and advertising a vacancy to settled workers first.
- Systems addressing a sponsor’s duty to report to the Home Office events relating to the sponsored migrants’ employment and circumstances and on certain changes to the business itself.
Where appropriate we will provide sample documentation and suggest changes and suggestions as to how systems can be improved.
How we can help you
As a team of immigration lawyers and former Home Office employees, we have an established reputation for conducting immigration audits and advising employers on compliance with their duties.