If you are a business or organisation employing workers from overseas, then you must ensure you are meeting all your immigration obligations otherwise you could be risking your repetition and facing severe criminal charges.
Anyone holding a Sponsor Licence is required to keep up-to-date records of all workers and students. This includes conducting Right to Work checks and ensuring copies of overseas workers’ visas are on file as well as accurate contact details.
Failure to comply with UK immigration law could lead to fines of up to £45,000 for a first breach and potentially up to five years imprisonment for repeated offences. With government plans to increase such penalties in the near future and growing evidence that more companies are facing charges, it is more important than ever to ensure you are ready.
Our tailored service will carry out a full audit of your records of foreign workers to check that you are retaining the correct information and meeting your legal obligations. Involving a full day on-site, the WMYV team will provide advice on how to improve your record-keeping as well as guidance on ensuring you report relevant worker changes to the Home Office.
The mock compliance audit is crucial in highlighting gaps in any processes and employment practices, especially considering recent changes introduced post-Brexit. Our audit team can also give advice on annual Right to Work checks and whether you are meeting the rules surrounding filling vacancies with overseas workers and minimum income requirements.
Sponsorship Licence holders are encouraged to undergo a compliance audit at least every three years as part of a commitment to complying with immigration laws. In particular, mock audits are especially beneficial for organisations that have recently been granted or are renewing a Sponsor Licence.
Certain industries are also encouraged to make sure they have robust procedures in place to ensure compliance. In particular, businesses related to the catering and food sector can expect to receive a visit from an Immigration official so need to be prepared.
A mock compliance audit is a key way of helping your business follow Home Office regulations and remove the risk of financial or reputation loss.
Reach out to WMYV to find out more about our bespoke Sponsorship Compliance Mock Audit and how are expert team can help employers be prepared for a visit by the Home Office or UK Visas and Immigration.
With an increase in businesses facing fines because of not meeting their obligations as a Sponsor Licence holder, it is more important than ever then you are confident your current processes are up-to-date and compliant.
Reach out to us for more information or to see how we can help you?
Immigration compliance applies to all employers in the UK, not just those currently have Sponsor Licenses.
The role of an immigration officer includes checking nationality documents and visas of overseas workers at passport control areas, targeting gangs and criminals supporting illegal immigration and tracking foreign national offenders.
Under Schedule 2 of the Immigration Act 1971, immigration officers have the authority to search, locate, arrest and detain illegal migrant workers and immigration offenders. They also interview workers to assess if they are entitled to work in the UK.
During a compliance visit, the Home Office will check your business’s HR and recruitment process. They will want to ensure that you are following standard bookkeeping practices, and are maintaining migrant worker records, to assess whether your business is operating lawfully within the UK. The Home Office may also want to visit if you are applying for a Sponsor License or if specific concerns have been raised.
During a visit from the Home Office, your business will be assessed on five areas of compliance – identification, prevention, monitoring and detection, resolution, and advisory. If there are concerns regarding your business’s ability to meet compliance obligations, your Sponsor License may be placed on a short-term sponsorship and your organisation will be monitored, or the business may have its sponsorship suspended, or revoked.
If you are interested in employing foreign workers in the UK, you will need to apply for a Sponsor License. The process can take up to eight weeks, and involves conducting background checks and medical exams. Sponsor Licenses are valid for four years and can be used to sponsor any number of overseas workers.
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