Sponsor guidance and right to work documents

No

The right to work in the UK may be restricted in a number of ways including the following:

• The type of work that is authorised. For example, Skilled Workers are only authorised to work in the role for which they are sponsored and in line with the defined ‘supplementary employment’ allowance;
• The number of hours’ work permitted per week. For example, certain Student visa holders are authorised to work up to 20 hours per week during term time or full time outside of term time; and
• The duration of the right to work. Someone’s right to work in the UK may have a time limit, for example a Youth Mobility Scheme visa holder, or the right could be held indefinitely, for example by someone with settled status under the EU Settlement Scheme.

Criminal penalties for knowingly employing an illegal worker include 5 years in jail, an unlimited fine and closure of business premises.

Under the civil penalty scheme, any employer found inadvertently employing an illegal worker could face an on-the-spot fine of up to £60,000 per illegal worker.

The Home Office also publishes the names of UK employers who have been fined for employing illegal workers. For many businesses, the risk of reputational damage is more concerning than a potential fine.

– Use a share code;
– Conduct a manual right to work check on specified hardcopy documentation; or
– For British and Irish passports and Irish passport cards, you may engage an Identity Service Provider.

Some forms of right to work documentation will require the employer to obtain a Positive Verification Notice in order to benefit from a statutory excuse from civil penalty.

The Home Office might visit when an organisation applies for a sponsor licence or applies to add a category of sponsorship to an existing sponsor licence. Other triggers include Home Office intelligence and sponsorship of a particular number of migrants.

The Home Office will usually contact a sponsor by email to notify them of a scheduled visit in advance. However, they can turn up unannounced.

A compliance visit will include interviews of key personnel and at least 3 sponsored workers. The Home Office will assess the credibility and genuineness of sponsored workers’ roles.

A sponsor compliance officer will review your HR systems to assess whether they are sufficient to fulfil sponsor duties, e.g. right to work checking processes and processes for monitoring absences. They will review at least 10% of your sponsored workers’ personnel files.

If you are contacted by the Home Office in relation to a sponsor compliance visit, act quickly to review your systems and files to ensure that they reflect your organisation’s ability to fulfil sponsor duties. Contact Changes Immigration to help you prepare.