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LOCATION: Home » Compliance & Civil Penalties » Right to Work

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...

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...

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 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...

Calls to Add Nurses to the Shortage Occupation List
By Richmond Chambers -

Many nurses will be forced to leave their jobs with the NHS and return to their home countries because of changes to immigration rules, the Royal College of Nursing (RCN) has warned. The new rules say that people...

 who have moved to the UK from out with the European Economic Area have to leave after six years unless they are earning at least £35,000. According to the RCN, as many as 3,365 nurses who currently work...

Employer’s duty to prevent illegal working
By Richmond Chambers -

UK employers have a duty to prevent illegal working in the UK by people who are subject to immigration control. Where this is not complied with, an employer may face a financial penalty (civil penalty) and...

 in some cases, prosecution. An employer can avoid becoming liable for a civil penalty and prosecution by carrying out simple specified document checks on prospective employees before employing them, to ensure...

Employer Right to Work Checks
By Richmond Chambers -

Employers in the UK have a responsibility to ensure that anyone that they employ has a legal right to work in the UK.  Employers must ensure that appropriate right to work checks are carried out on all potential...

 employees before employing them, regardless of their nationalities. The Immigration, Asylum and Nationality Act 2006 provides that an employer may be liable for a civil penalty if they employ someone who...
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