Immigration Law obligations for UK employers
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Many people are attracted by the idea of working in the UK and employers wish to secure employees to fill vacancies as quickly as possible. However within the context of immigration law there are certain requirements to be met when employing certain European Economic Area (EEA) nationals and all non EEA workers.
There have recently been news headlines of raids by United Kingdom Border Agency (UKBA) staff at businesses such as hotels, restaurants, catering firms and factories across the UK.
Employers have a legal duty to make sure that all employees are legally entitled to work in the UK. The Immigration, Asylum and Nationality Act 2006 (Section 15) allows the Secretary of State to impose a civil penalty system on employers who are flouting the law and employing illegal workers.
An employer who fails to provide evidence that they have carried out the correct right to work checks, faces a fine of up to £10,000 per illegal worker.
Furthermore, it is a criminal offence under the Immigration, Asylum and Nationality Act 2006 (Section 21) for anyone to knowingly employ an illegal migrant worker. The offence carries a maximum custodial sentence of two years and/or an unlimited fine.
We can assess your business and advise of any necessary precautions and change to procedures you may need to make.
If as an employer, you are experiencing a skills shortage you may wish to consider the option of recruiting non EEA migrant workers from abroad. The five Tier Points Based System requires employers wishing to recruit non EEA migrant workers to be registered with the United Kingdom Border Agency which grants successful applicants a Sponsor Licence.
We will advise and assist you of the process involved in applying for a Sponsor Licence, including any necessary representation and how to avoid revocation of your licence.
We are able to offer specialist advice.
Free initial telephone advice available.
Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis & Co.
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