Government crackdown on company checks for migrant workers

HR teams must check migrant workers’ paperwork and compliance amid a government crackdown.

Organisations that recruit and employ migrant workers are warned to check paperwork and compliance measures amid a government crackdown on illegal workers, immigration specialists say.

The number of enforcement visits to firms rose by 10% through December 2022 and January this year following Prime Minister Rishi Sunak’s stated intent 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 £1.5m.

The hard-line approach means any organisation that employs overseas workers should carefully review its procedures to ensure it follows the rules, according to Yash Dubal of A Y & J Solicitors.

“It is worrying times for anyone who is not following the rules, whether wittingly or unwittingly,” he said. “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 penalised.”

Dubal advises HR teams to check paperwork is up to date.

“In the current climate even those with valid sponsor licences should double check to make sure that they are meeting all their requirements. UKVI [UK Visas and Immigration] conducts regular compliance visits to licence 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 licence 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.”

A Y & J Solicitors has also 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,” said Dubal. “Companies that do not have a workplace pension scheme, such as sole traders who have newly registered for a licence, might struggle with this line of questioning.”

Image credit | Shutterstock

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