Ensuring compliance with Right to Work checks and providing ongoing support and training for employees and employers is essential in maintaining a legally compliant workforce. At Immigration Advice Consultants LTD, we help businesses manage these responsibilities effectively, reducing the risk of penalties and ensuring that you continue to meet Home Office regulations.

Right to Work Checks

As an employer, it’s your responsibility to ensure that every employee has the Right to Work in the UK. Conducting Right to Work checks is essential before an employee starts working with you and throughout their employment. Failing to carry out the necessary checks could result in significant penalties, including fines and the loss of your sponsor licence.

Why Are Right to Work Checks Important?

• Legal Requirement: Employers are legally required to check that all employees have permission to work in the UK.
• Avoid Penalties: For a first breach in a 3-year period, the starting penalty will be £45,000 per illegal worker, before any reductions are applied, whilst for a second or subsequent breach, the starting point is £60,000.
• Compliance with Immigration Laws: Carrying out Right to Work checks ensures your business complies with immigration law and retains its eligibility to hire foreign workers.

When Should Right to Work Checks Be Done?

• Before Employment Starts: You must conduct the Right to Work check before an employee begins work with you. If they are a foreign national, it is important to verify that they hold a valid visa that allows them to work.
• During Employment: Employers should periodically check the continued eligibility of their workers, especially for those with visas with limited durations. You should make these checks whenever an employee’s visa status changes or when they apply for visa extensions.

How to Conduct Right to Work Checks

1. Document Checks: As part of the Right to Work check, you must inspect original documents that confirm the employee’s eligibility to work in the UK. These documents might include:
   • A UK or EEA passport
   • A biometric residence permit
   • An official Home Office letter confirming the employee’s immigration status
2. Online Checks: For employees who are in the UK on a digital status, the Home Office allows online Right to Work checks. The employee will provide you with a share code to check their status online.
3. Record Keeping: It is critical to keep records of the Right to Work checks performed, including the documents provided and the dates on which the checks were carried out. These records should be kept for at least two years after the employee leaves your company.

What to Do if the Employee Does Not Have the Right to Work

If an employee does not have the Right to Work or if their visa has expired, you cannot legally employ them. If you discover this after employment has started, you must stop their employment immediately and notify the Home Office.

Ongoing Support for Employers

At Immigration Advice Consultants LTD, we provide ongoing support to ensure your business stays compliant with Right to Work regulations and other immigration-related responsibilities.

Support We Offer:

1. Guidance on Compliance: We provide expert advice on how to conduct Right to Work checks, helping you understand the various types of visas and permits, and what documentation is required for each employee.
2. Audit Services: We conduct regular audits to ensure your company is consistently performing the necessary checks and maintaining proper records, helping to mitigate any potential risks.
3. Assistance with Sponsor Licence Obligations: If your business holds a Sponsor Licence or plans to apply for one, we can assist with ongoing responsibilities such as monitoring and reporting on sponsored workers, ensuring that your organisation remains compliant with Home Office requirements.

Training for Employers

Training your HR and recruitment teams to handle Right to Work checks properly is crucial. Our Right to Work Training programs ensure that your team fully understands the process and legal requirements.

What Our Training Includes:

1. Understanding Right to Work Obligations: We train your staff on how to properly conduct Right to Work checks before hiring new employees and during their employment.
2. Visas and Immigration Status: We provide your team with knowledge about the various types of visas and immigration statuses employees may have and the necessary documentation for each type.
3. Record Keeping and Audits: Our training covers how to maintain proper records, including what to store and how long to keep documents, to remain compliant with the Home Office.
4. How to Handle Compliance Audits: We educate your team on how to handle compliance visits from the Home Office, including what documents to have ready and how to demonstrate that you are fulfilling your responsibilities.

Benefits of Ongoing Support & Training

1. Minimise Risk: Regular training and updates help ensure that your business remains compliant with the latest immigration laws and regulations, reducing the risk of fines or penalties.
2. Protect Your Sponsor Licence: By staying up to date on compliance obligations and best practices, you will maintain your ability to sponsor foreign workers under the Skilled Worker visa and other immigration routes.
3. Increased Efficiency: Well-trained staff will be able to conduct Right to Work checks efficiently, avoiding delays in the recruitment process and ensuring that only eligible workers are hired.
4. Peace of Mind: With our ongoing support and training, you can be confident that your business is compliant with all the necessary legal requirements and that you are taking the right steps to avoid any issues.

How We Can Help

At Immigration Advice Consultants LTD, we offer tailored advice and training to ensure that your business complies with Right to Work checks and other immigration-related regulations. Our team of experts is here to guide you through every step of the process, ensuring smooth and legal employment practices.

• Right to Work Check Assistance: We offer expert guidance to help you understand the requirements for Right to Work checks and conduct them correctly.
• Ongoing Compliance Support: Our team can assist in ensuring your business maintains compliance with immigration law through ongoing monitoring, audits, and reporting support.
• Tailored Training: We provide customized Right to Work and Sponsor Licence training to your team, ensuring they are equipped with the knowledge to manage immigration obligations effectively.
• Full Compliance Management: From right to work checks to sponsor licence management, we provide full support to help you navigate the complex UK immigration system.

Contact Us

If you need assistance with Right to Work checks or Sponsor Licence compliance, or would like to book training for your team, contact Immigration Advice Consultants LTD today.

Phone: 0203 916 6464
Email: info@iacgroup.uk
Instagram: @immigrationadviceconsultants

Let us help ensure your business remains compliant with UK immigration regulations, protecting you from potential penalties and ensuring a smooth hiring process.