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LOCATION: Home » Compliance & Civil Penalties

KNOWLEDGE
CENTRE

New Right to Work Check Guidance for Employers
By Geraldine Peterson - Immigration Barrister

As has been set out in a previous post, new provisions came into force on 6 April 2022, which will begin the phasing out of the use of Biometric Residence Cards and Permits (BRC/BRPs) and Frontier Worker Permit...

 (FWPs) to prove lawful immigration status in the UK when seeking employment.   New updating guidance was published on 22 April 2022 to reflect the 6 April changes; it states that the most significant...

Changes to Right to Work Checks from 6 April 2022
By Lucy Cundy - Legal Associate

The Home Office has announced that as of 06 April 2022, the only way that employers will be permitted to carry out Right to Work checks for certain employees, will be electronically. How Can Employers Carry Out...

 Right to Work Checks Currently? As it stands, there are currently three ways in which a Right to Work check can be carried out: Manual Right to Work checks: This requires employers to obtain original...

Sponsor Licence Audits and Compliance Visits Resume
By Georgina Griggs - Immigration Barrister

In March 2020, as a result of COVID-19, sponsor licence compliance visits were suspended by the Home Office. However, these audits will now be re-commencing as lockdown restrictions ease across the United Kingdom. Officers...

 will comply with Public Health England (PHE) advice, including the wearing of Personal Protective Equipment, as appropriate, and the observation of social distancing measures. They will also...

Why does my BRP expire on 31/12/2024?
By Paul Richmond - Immigration Barrister

If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024. From 1 January...

 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.  If this applies to you, you may be concerned that...

How To Pass The Tier 2 Sponsor Licence Genuineness Test
By Wendy Barnes - Legal Associate

The Home Office needs to ensure that those applying to come to the UK for work are eligible and that a reputable employer has a genuine wish to sponsor them.  Ask yourself the three questions below in order to...

 ascertain whether or not you are likely to pass the Tier 2 Sponsor Licence genuineness test for a sponsor licence application.  Tier 2 Sponsor Licence Genuineness Test Q1: Are you a genuine organisation...

Sponsor Compliance Visits - What To Expect?
By Wendy Barnes - Legal Associate

The Home Office may undertake a sponsor compliance visit in order to assess an organisation once it has submitted a sponsor licence application. They may also visit once a sponsor licence has been granted in order...

 to ensure that the organisation is maintaining its sponsorship duties.  Any change in circumstances may also warrant a Home Office visit.  This includes, but is not limited to: A change of the company...

What is work? Complying with your visa conditions
By Gillian McCall - Immigration Barrister

Under the Immigration Rules, many people have restrictions on their right to work in the UK. This article will look at some of the main definitions of work used in the Immigration rules in the main work and study...

 based categories and discuss how this will impact people in different situations. Types of leave and their restrictions: Tier 1 Tier 1 (Exceptional Talent): no employment as a Doctor or Dentist in Training,...

The ‘Genuine Entrepreneur’ test and Business Plans
By Dr. Catherine Taroni - Immigration Barrister

The ‘Genuine Entrepreneur’ test was introduced in 2013, and is a discretionary element of the otherwise fairly objective Tier 1 (Entrepreneur) application. The Tier 1 (Entrepreneur) modernised...

 guidance (v19) sets out in relation to initial applications that: Where the applicant is being assessed under table 4 of appendix A, you must be satisfied that: the applicant genuinely intends, and is able, to...

Civil Penalty Appeals Can Be Heard By The Court of Appeal
By Richmond Chambers -

In Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017) the Court of Appeal has ruled that it has jurisdiction to hear appeals from the County Court concerning civil penalties...

 imposed under the 2006 Act for employing illegal workers. Civil Penalties Under the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), financial penalties can be imposed for employers...

Civil Penalties, Right To Work and Protecting Your Business
By Richmond Chambers -

The Home Office has published its list of civil penalties for the first quarter of 2016, with the fines imposed totalling more than £14 million. Elsewhere in the media, the relationship between certain employers...

 and the Home Office when arresting those working illegally in the UK has been widely reported. Businesses who employ those without the right to work risk prosecution and a civil penalty. There is also...

Right to rent: The impact of the Immigration Act 2016 on migrants with lawful status
By Richmond Chambers -

The Immigration Act 2014 made it compulsory for private landlords to check the immigration status of all new adult tenants, sub-tenants and lodgers in order to assess whether they have a ‘Right to Rent’ in...

 the UK. The Act also introduced civil penalties for landlords and letting agents for renting out property to individuals who are not qualified to rent property in the UK. The Immigration Act 2016 (“The...

Potential Impact of Cuts to EU Migration
By Richmond Chambers -

Employers in different sectors of the UK economy could be affected in very different ways if measures are introduced to restrict the jobs that EU migrant workers can occupy following a vote for the UK to...

 leave the EU. This is one of the key findings of new analysis by the Migration Observatory at the University of Oxford, which also found that most jobs in the UK labour market are not eligible for...
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