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The Home Office has increased their efforts to combat illegal working, conducting targeted raids on businesses across all industries. Between July and November 2024, 996 enforcement visits were conducted in London alone. From those visits, 770 arrests were made and 462 businesses received civil penalties of up to £60,000 per illegal worker.
With enforcement activity on the rise, businesses should take urgent action to review their processes and records to ensure that they don’t suffer disruptions or, worse, legal action when the Home Office compliance officers come a-knocking! Any business that employs staff can receive a visit from the Home Office. This is not reserved to businesses that sponsor workers or to businesses in specific sectors. ALL businesses should therefore take heed of this warning…
What steps should Employers take?
Employers need to be proactive here. We recommend they take the following steps:
- Right to Work Checks: Employers should ensure they follow the three-step process when completing Right to Work checks:
Step 1 – Obtain: You must see the worker’s original documents in person. What documents are acceptable will depend on whether the worker has a permanent or temporary right of residence in the UK.
Step 2 – Check: Conduct a check of the documents in the presence of the worker (either in person or virtually) and ensure all documents are genuine. Employers must reject documents where fraudulence is ‘reasonably apparent’.
Step 3 – Retain: Retain a clear copy of the document, noting the date of the check and who completed it.
- Maintain accurate and clear records: Having an accurate record of dates where checks were conducted and what evidence was provided is incredibly important, especially in situations where Home Office officials make unannounced compliance visits.
Being able to show clear records of all checks and evidence that you have followed the relevant guidance will prevent you from receiving civil penalties. Failing to do so or having gaps in your data will have the opposite effect and could result in severe consequences.
- Training: Training should be regularly provided to any individual who has significant involvement in the recruitment process. This should include ensuring employees familiarise themselves with what documents are acceptable as evidence of the right to work and how this differs depending on the worker’s permissions.
- Policies: Having clear accessible and up to date policies in place will equip staff in the event of an unannounced visit from the Home Office. Allowing them to effectively answer questions and work alongside Home Office officials to ensure visits runs smoothly.
- Encourage proactive communication: Employers should make all relevant individuals aware of their obligations to communicate any changes in their immigration status. As well as communicating when their permission expires and their plans to extend this prior to the expiry.
- Monitor Visa Sponsorship Obligations: If you are a licensed sponsor, you must ensure you regularly keep your Sponsor Management System (SMS) records up to date. Ensuring to report any changes, such as an employee changing roles, within the required timeframes.
- Conduct an audit: Don’t wait for the Home Office to review your documents, records, policies and procedures, conduct your own audit now:
- Review the policies you have in place regarding recruitment, right to work checks, keeping personnel contact information up to date and managing staff that are subject to immigration control.
- Check your training records. Are all the members of staff involved in the above suitably trained? Do they need refresher training?
- Are your managers conducting right to work checks and visa update checks correctly? Conduct a dip sample to identify any vulnerabilities
- Address any vulnerabilities in the above as a matter of urgency.
What are the risk for Employers?
Employers who fail to show compliance with Immigration laws face severe consequences, including:
- Financial penalties: Businesses can receive fines of up to £60,000 per illegal worker.
- Criminal sanctions: Knowingly employing an illegal migrant can be punishable by up to five years’ imprisonment and an unlimited fine.
- Sponsor Licence revocation: Failure to comply with Immigration laws can result in the Home Office revoking your sponsor licence or preventing you from gaining a sponsor licence in the future.
- Reputational harm: Information on which businesses have failed to comply with Immigration Law is publicly accessible and attracts significant media attention. This could result in your business’ reputation and relationship with others being severely damaged.
How can Michelmores help?
At Michelmores we specialise in helping businesses navigate the complexities of Immigration Law, safeguarding businesses and ensuring full compliance, including:
- Mock compliance visits: We can perform a mock compliance visit where we will review your current processes, identify any issues and work with you to provide solutions and minimise any risks.
- Advice on Penalty Notices: If your business does receive a penalty notice, we can assist you in demonstrating to the Home Office your compliance efforts to help reduce or remove the penalty notice.
- Ongoing training and support: As Immigration lawyers, we stay ahead of all the changes to Immigration laws, which means we are able to ensure your continued compliance. We can also provide you with tailored training sessions and draft up to date policies.
Many compliance visits are unannounced and being unprepared can cause your business significant issues. Do not wait for a penalty notice or a compliance visit to address any compliance issues, protect your business by having a clear plan in place.
Should you need any assistance in safeguarding your business or any questions concerning the contents of this article, please contact Lynsey Blyth.
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