Laura Darnley’s spotlight was excellent, being very informative and helpful in breaking down what options employers have when it comes to employing EU nationals and breaking down the differences between workers with settled/pre-settled status and those without.
The penalties are severe – a potential fine of up to £60,000 per illegal worker, the risk of criminal liability (with an unlimited fine and up to 5 years in prison), business closure notices, adverse publicity from being “named and shamed” and reputational damage. According to the Home Office data, 568 civil penalties were issued in the period from 1 April – 30 June 2024, with a total value of £21.5 million.
For registered sponsors, the stakes are even higher. They must ensure strict compliance with the very prescriptive duties associated with holding their licence. A failure to do so could result in the licence being revoked. This means the business will not be able to use the Skilled Worker visa route to access non-UK national talent and existing sponsored workers will typically have their visas cut short to 60 days – no matter how senior or important they are to the organisation. The Home Office’s most recent data showed 524 licences were suspended and 499 licences were revoked in the quarter period from 1 April – 30 June 2024.
Are you prepared for a compliance visit?
Ward Hadaway’s specialist business immigration team can help you rest easy, knowing that your organisation is legally compliant with our risk management services.
Right to Work Audit
Relevant to all employers, we can:
- Audit some/all of your employee records to identify any illegal working challenges.
- Assist you with toolkits, policies and procedures to ensure compliance.
- Provide training for staff.
- Make suggestions to remedy any potential issues or make potential improvements to your compliance (as necessary).
Prices start from £500 plus VAT.
Sponsor Compliance Audit
Relevant to licensed sponsors, we will:
- Review your sponsor licence and sponsored personnel to ensure the legal requirements have been met.
- Work with Key Personnel to explore compliance (including training on sponsor duties) and review your HR systems, policies and procedures in the same way that a Home Office inspector would.
- We will provide a report with recommendations for action following our audit. (This would also be valuable exercise for businesses seeking to apply for a sponsor licence.)
Prices start from £500 plus VAT.