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Immigration Compliance: For Employers & Businesses

Overseas workers can bring a wealth of skills and expertise to the workforce, however, all UK employers must have an awareness of their responsibilities when it comes to preventing illegal migrant work, as outlined in Section 8 of the Asylum and Immigration Act 1996.

If you are unsure about immigration compliance policy, our experienced legal advisors are here to help you gain a better understanding of the checks needed when hiring overseas workers. Call Immigration Advice Service on 0333 305 9375 for assistance and legal advice.

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    Benefits of Choosing IAS for Your Business Visa

    Our team of immigration lawyers are experts in providing support to those applying for a business visa. Our goal is to maximise your chances of a successful outcome and ease your business travel/immigration.

    IAS offers a comprehensive range of services, including Business Visa advice, document checking, business visa application, and concierge support.

    Our dedicated immigration lawyers provide our services through a comprehensive and personalised approach to maximise your chances of success. Enjoy the following benefits by opting for IAS:

    A personal immigration lawyer to provide answers to any concerns.

    Guidance through the business set-up to ensure it qualifies for the business visa.

    Reduce the risk of rejection through a high-quality application that we complete.

    Confidence that your case is being handled by an experienced team of lawyers.

    Regardless of what your business immigration query might be, IAS is here to help and support you. Call us or enquire online to learn more about how we can help you.

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    Why is Immigration Compliance Important?

    If you are a UK business owner who employs one or many migrant workers, it is vital to understand immigration enforcement in the UK and the codes of practice to prevent recruiting illegal immigrant workers.

    With significant reforms post-Brexit and post-COVID, it’ is important to stay up-to-date with immigration policy changes. Therefore, carrying out immigration compliance audits when hiring overseas workers prevents you as an employer from committing a criminal offence by employing migrant workers that do not have the right to work in the UK.

    By conducting these right-to-work checks and complying with UK workplace laws, you are ensuing that your business avoids reputational damage as well as avoiding costly criminal penalties of up to £45,000 for a first breach and potentially up to five years imprisonment.

    The Importance Of Regular Immigration Compliance Audits

    Regular immigration compliance audits are necessary to strengthen risk management processes and avoid having your Sponsor License revoked.

    Carrying out compliance audits regularly on overseas workers is essential to guarantee that you as an employer are following the correct code of practice and when it comes to employing migrant staff.

    Regular compliance audits are also crucial for highlighting any gaps in your HR processes and employment practices, such as neglecting to keep track of new rules and regulations or failing to establish the status of workers’ visas.

    When And How Often Should You Get Immigration Compliance Audits?

    It is recommended that you carry out a compliance audit for your UK business at least once every three years. For migrant workers with limited leave to remain in the UK, it is a must for businesses to carry out annual right-to-work checks.

    You should consider a compliance audit for your UK business if:

    • The Home Office has organised a visit to your business’s premises
    • You have not being using compliance audit systems
    • A compliance audit has not been carried out within the last two years
    • Your Sponsor Licence needs renewing or you are applying for one for the first time
    • There are concerns regarding employees’ rights to work in the UK
    • If you operate within the food or catering industry

    A compliance audit is a vital way to ensure your business is following all the Home Office regulations and that you are not at risk of financial or reputation loss.

    Immigration Compliance Audit Cost

    At IAS, we can offer a tailored step-by-step immigration compliance audit service that will train you how to ensure your business never breaches the law or is exposed to risk, through thorough reporting and record keeping.

    If you wish to use our immigration compliance audit service, the cost of conducting an immigration compliance audit will vary depending on the type and size of business.

    At IAS, our team of qualified UK immigration lawyers will help you get the best advice for your specific business’s needs. Contact our expert team on 0333 305 9375 to discuss further.

    Our immigration specialists can help your business comply with the immigration laws. Request an audit today!

    How Can IAS Help?

    To find out about the immigration compliance audit service we provide, and for more advice on immigration compliance in the UK for businesses, call IAS on 0333 305 9375.

    At IAS, our expert and dedicated team offers mock compliance visit audits to help businesses and employers prepare for Home Office and UK immigration enforcement officer visits.

    The Home Office may inform you if they plan to visit, or they may visit unannounced, so it’s important to be audit-ready.

    We will thoroughly assess your current HR processes, to help you implement immigration law best practices for right-to-work checks for overseas workers.

    If you would like to learn more about compliance obligations, impact of illegal working, sponsor duties, how to avoid gaps in your compliance, and other immigration matters, call us for a consultation today or get in touch online. We are here to assist you with any legal queries you may have.

    We offer immigration advice sessions as face to face appointments at our Lagos office, all of our UK offices, or via the phone.

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    Frequently Asked Questions

    Immigration compliance applies to all employers in the UK, not just those currently have Sponsor Licenses.

    The role of an immigration officer includes checking nationality documents and visas of overseas workers at passport control areas, targeting gangs and criminals supporting illegal immigration and tracking foreign national offenders.

    Under Schedule 2 of the Immigration Act 1971, immigration officers have the authority to search, locate, arrest and detain illegal migrant workers and immigration offenders. They also interview workers to assess if they are entitled to work in the UK.

    During a compliance visit, the Home Office will check your business’s HR and recruitment process. They will want to ensure that you are following standard bookkeeping practices, and are maintaining migrant worker records, to assess whether your business is operating lawfully within the UK. The Home Office may also want to visit if you are applying for a Sponsor License or if specific concerns have been raised.

    During a visit from the Home Office, your business will be assessed on five areas of compliance – identification, prevention, monitoring and detection, resolution, and advisory. If there are concerns regarding your business’s ability to meet compliance obligations, your Sponsor License may be placed on a short-term sponsorship and your organisation will be monitored, or the business may have its sponsorship suspended, or revoked.

    If you are interested in employing foreign workers in the UK, you will need to apply for a Sponsor License. The process can take up to eight weeks, and involves conducting background checks and medical exams. Sponsor Licenses are valid for four years and can be used to sponsor any number of overseas workers.

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    I would like to thank Mark for taking the time to review my case and provide detailed legal advice. He was professional, respectful and took the time to explain the relevant immigration options and limitations clearly. I would also like to mention that my initial contact with IAS was with Nadeen Taylor. From the beginning, I explained that my main concern was not simply obtaining a Student visa, but finding a possible lawful way to leave Gaza and continue my studies in the UK. I specifically asked whether IAS could assist with this particular aspect of my situation, and I was reassured that this could be looked into. While the advice I ultimately received clarified a number of important points, I had hoped that the specific issue of possible evacuation from Gaza, including whether there might be an exceptional or alternative legal mechanism, could be explored further. Overall, I appreciate Mark’s professionalism and the time he spent considering my circumstances. I am grateful for the assistance provided and for the clarity of the advice I received.
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    At the Immigration Advice Service our lawyers specialise in a wide range of UK visas, nationality and asylum applications and have represented clients in various successful complex and high-profile cases.

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