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The importance of conducting due diligence checks on eligibility to work

The UK Home Office has published an updated guide for immigration sponsors highlighting the importance of proper due diligence checks for immigration sponsors and UK companies considering applying for an immigration sponsor license.

Verification of eligibility for all employees is a mandatory requirement for UK employers. Such checks should be carried out before the commencement of the employment of employees. Conducting and documenting eligibility checks in due course also provides employers with legal exemptions from liability under civil penalties if they are found to have hired employees who are not eligible to work. An employee's employment without the right to work is punishable by a fine of up to £ 20,000.

Employers now have an added incentive to comply with the UK Home Office's Code of Practice for the Prevention of Illegal Employment, as failure to adhere to this code may result in the revocation of a company's immigration sponsor license if the company is licensed or it could lead to a refusal to issue an immigration sponsor license if the company decides to apply. for such a license.

The importance of carrying out proper Right to Work checks in light of Brexit and the termination of EU law of free movement, companies that previously could do without an immigration sponsor license and employ UK, EU, and European Economic Area (EEA) citizens may now require such a license. This is because from now on, citizens of the EU and EEA are subject to the requirements of the UK Immigration Rules, and they need an immigration sponsor to work in the country. However, the strong demand for an immigration sponsor license underlines the potential problems, as many companies may not know the requirements for obtaining such a license.

Previously, the Guidelines for Sponsorship Applying for a License and the Guidelines for Compliance with Immigration Sponsor Responsibilities stated that companies that have received civil penalties for employing illegal workers in the past five years may be denied an application for an immigration sponsor license and that if a permit is available, such license may be revoked. The updated guidelines also state that the UK Home Office can now refuse to issue a license or revoke a permit issued if the company received only a warning and not a civil penalty for employing an illegal worker.

For this link, you can see the five significant practical pieces of advice to verify the right to work, who shared our colleague Sasha Lal.

For more information on how to conduct work eligibility checks and immigration benefits in connection with the COVID-19 pandemic, please visit one of our blogs.

How can Gherson help?

Gherson has a wealth of experience in corporate immigration. We advise and assist companies on all matters related to immigration sponsor license applications, work eligibility checks, and Skilled Worker visa applications. If you have any questions about the topics of our blogs, or if you would like to consult with us about your specific circumstances, please get in touch with us or send us an email. For the latest information on legal and immigration issues, follow us on Twitter, Facebook, LinkedIn, and VKontakte.

The information in this blog is offered for general information purposes only. It is not exhaustive and does not contain legal advice. While every effort has been made to ensure that this information and legislation is by the legal regulations in force at the time of publication, it should be remembered that over time, such communication may no longer reflect current legal provisions. Gherson cannot be held liable for damages due to access to or use of the information contained in this blog. For formal advice on current legislation, please get in touch with Gherson. Legal advice is provided only based on a written agreement in the prescribed form, signed by the client, on the one hand.