Immigration checks and getting them right in your workplace

We advise, assist and support clients in relation to Immigration checks and getting them right in your workplace, although we understand the requirements, the controls, and compliance, we know that at times Employers do not realise the full implications of failing to comply with the current legislation, namely, the Immigration, Asylum, and Nationality Act 2006’.

With recruitment at an all-time high, it is crucial that you have controls in place in your workplace to ensure you are taking the necessary measures to conduct the relevant checks.

 

 

Have there been any changes and what are they?

Many changes occurred as the United Kingdom left the European Union, in light of this it has led to changes to Immigration Law. Immigration Law took effect from 31 December 2020 and individuals who were residing in the UK on or before 31 December 2020 had until 30 June 2021 to apply for settled status.

 

We now have in place the new point-based system, this enables European Citizens (EU) and non-EU citizens to be treated equally and aims to attract people who can contribute to the UK’s economy.

 

On 4 March 2021, the Home Office published a new Statement of Changes to the Immigration Rules.

 

 

Could you be committing a criminal offence?

The implications of non-compliance with the Immigration, Asylum and Nationality Act 2006’ (as amended by section 35 of the Immigration Act 2016), as an Employer you will be committing a criminal offence under section 21 of the act, this happens when you know, or have reasonable cause to believe you are employing an illegal worker.

 

 

How is illegal working detected and how do they impact you as an Employer?

Just how is Illegal working detected within the workplace. This is done through the sharing of intelligence and joint enforcement operations, including HMRC, so when illegal working is identified, a range of sanctions are then applied.

As an Employer if you are found to be employing someone illegally and you have not carried out the prescribed checks in your workplace, you could face sanctions which include:

 

  • A civil penalty of up to £20,000 for each illegal worker.
  • In serious cases, it could lead to a criminal conviction carrying a prison sentence of up to 5 years and an unlimited fine.
  • The closure of your business and a compliance order issued by the court
  • Your disqualification as a director.
  • Your right removed/revoked to sponsor migrants.
  • The seizure of earnings which are made as a result of illegal working.
  • The review/revocation of a licence in the alcohol and late-night refreshment and private hire vehicle and taxi sector/s.

 

 

 

 

How can we help you?

Immigration is a complex area, should you need any assistance with the Immigration, Asylum and Nationality Act 2006’, what it means, and how complete the checks, then please do not hesitate to contact a member of the team, we are here to help.

We are here to provide full advice, support, and guidance. We can advise in any HR or Employment Law matter: you can contact a member of our team on 0333 006 9489 or [email protected]

 

 

 

 

 

Disclaimer

This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.

HR and You Ltd, owns the copyright in this document. You must not use this document in any way that infringes the intellectual property rights in it.  You may download and print this document which you may then use, for your own internal non-profit making purposes. However, under no circumstances are you permitted to use, copy, or reproduce this document with a view to profit or gain.

In addition, you must not sell or distribute this document to third parties who are not members of your organisation, whether for monetary payment or otherwise.

This document is intended to serve as general guidance only and does not constitute legal advice. The application and impact of laws can vary widely based on the specific facts involved. This document should not be used as a substitute for consultation with professional legal or other competent advisers. Before making any decision or taking any action, you should consult a HR and You Ltd Consultant or a member of our legal team.

In no circumstances will HR and You Ltd, or any company within HR and You Ltd be liable for any decision made or action taken in reliance on the information contained within this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

 

 

 

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