UK: How To Prepare For A Compliance Visit

Organisations which employ migrant workers should check paperwork and compliance measures amid a government crackdown on illegal workers. The number of enforcement visits rose by ten percent through December 2022 and January this year following a vow by PM Rishi Sunak to reduce illegal migration.

During the same period there were 362 arrests of people suspected of being illegal immigrants. Over 90 illegal working civil penalties were issued with fines totalling £1.5 million.

The hard-line approach means any organisation which employs overseas workers should carefully review its procedures to make sure it follows the rules.

It is worrying times for anyone who is not following the rules, whether wittingly or unwittingly as the Home Office is intent on making sure only properly documented migrant workers are employed in Britain and those who are not following the rules can expect to be penalized. Employers should check all relevant paperwork is up to date.

In the current climate even those with valid sponsor licenses should double check to make sure that they are meeting all their requirements. UKVI conducts regular compliance visits to license holders and the latest data suggests these are increasing.

Information must be readily available for inspection by officials. It is also the responsibility of the sponsor license holder to monitor the compliance of their sponsored employees, including ensuring they are working in accordance with the terms of their visa and that their contact details are up-to-date. Immigration policy changes constantly and it makes sense for employers to stay abreast of changes to the rules and regulations.

The UK immigration system is in constant motion with new rules added at a whim, and regulations are tightened or relaxed at intervals. If you are uncertain about your responsibilities as a sponsor or have any concerns about your sponsorship arrangements, it is advisable to seek professional advice from a qualified immigration lawyer as issues can usually be dealt with easily and quickly.

We have identified a trend developing in some compliance visits whereby officers have been asking about workplace pension schemes and have been asked to provide records to prove employees have opted out of the company pension scheme. This is unlikely to be a problem for larger companies with generally robust HR procedures but may be an issue for smaller employers. Companies that do not have a workplace pension scheme, such as sole traders who have newly registered for a license might struggle with this line of questioning.