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Sponsor Licence Compliance: Home Office Announces Tougher Measures For Employers
By Eve Loveman - Legal Associate

In This Article 1. Home Office Crack Down on Immigration Law Breaches and Sponsor Licence Requirements 2. Longer Cooling-Off Periods for Sponsor Licence Revocation 3. Extended Action Plans for Sponsor...

 Licence Compliance 4. Preventing Sponsors From Passing Sponsorship Costs to Employees 5. Aligning Immigration and Employment Laws for Sponsor Licence Holders 6. Steps Employers Can Take to Safeguard Their Sponsor...

Fines for Illegal Working to Triple From 13 February 2024
By Taya Sayekaya - Immigration Barrister

Ch-ch-ch-changes! The Home Secretary’s announcement of its intention to increase maximum fines for employers caught employing individuals without lawful immigration status (‘illegal workers’), back in August...

 2023 was covered in our blog post here. The implementation of the new civil penalties regime is now almost upon us.  This post will cover when the new civil penalties regime will come into force, how it...

Fines For Employing Illegal Workers Set To Rise Significantly
By Taya Sayekaya - Immigration Barrister

On 07 August 2023, the UK Government announced that it would be increasing the maximum fines issued to employers where they are found to be employing individuals without lawful immigration status (illegal workers)....

 Unsurprisingly, the announcement comes as a result of the Government’s determination to deter individuals who they are convinced are crossing the Channel for no other reason than to take advantage...

Immigration Right to Work Checks Guidance
By Isabella Reynard - Immigration Barrister

An employer  commits an offence if they employ someone who is disqualified from employment by reason of their immigration status. This is set out in section 21 of the Immigration, Asylum and Nationality Act 2006,...

 as amended by section 35 of the Immigration Act 2016. An individual commits an offence if they work at a time when they are disqualified from working due to their immigration status. This is set out at...

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

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,...

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 Richmond Chambers -

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 Compliance Visits - What To Expect?
By Richmond Chambers -

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...

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 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...

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...

Dependents of Tier 2 Workers should Keep the Right to Work
By Richmond Chambers -

The majority of those surveyed said they are in favour of retaining the right to work for dependents of highly skilled workers who come to the UK from outside the EU. The survey was conducted by campaign organisation...

 Permits Foundation in order to inform its response to the Migration Advisory Committee’s (MAC) review of the Tier 2 immigration route. Tier 2 of the points based system is the route for skilled...
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