As the owner and/or director of a recruitment business, business immigration law perhaps isn’t something you think about. Below are 3 reasons why you should.
- All employers must comply with immigration law (regardless of whether they employ staff who are subject to a visa etc.). All employers must carry out prescribed “right to work” checks to determine whether employees have the right to work in the UK and to carry out the job in question. This means initial checks before an employee commences work and, in some cases, follow up checks.
- Brexit: the UK’s position regarding EU citizens’ freedom of movement to the UK (or not) post-Brexit remains unclear. What is clear is the impact that the Brexit-threat has already had in terms of recruitment, with some sectors affected more than others (you know who you are!).
- Caps on immigration - certain parts of the economy are already feeling their pinch (see our Hot Response piece on NHS Doctors here, the government have since exempted foreign doctors from the cap). Knowing how the rules work could help you to stay one step ahead of your competitors.
The potential consequences of “getting it wrong” make this an important area to get right!
The stakes for failing to comply with right to work checks are high. Potential penalties include a £20,000 fine per illegal worker “civil penalty” and/or an unlimited fine and/or a maximum of 5 years in prison criminal penalty. Not to mention the negative publicity and increased scrutiny.
At the moment, the first step for employers who wish to engage migrant workers is usually to obtain a sponsorship licence under Tier 2 of the UK’s Points Based system. Since April 2017, sponsors of some Tier 2 migrants must pay an upfront immigration skills charge. The sponsorship requirements are prescriptive, technical, and change frequently. Support from someone who understands the current state of play is invaluable.
HRC Law has experts in business immigration law. Should you need support with this or with any other legal needs, please do get in touch with us. For a no-obligation chat, please call Siobhan on T: 0161 358 0537 or email her at E: firstname.lastname@example.org.
This article contains general overview information only. It does not constitute, and should not be relied upon as, legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.