When applying for a Sponsor Licence under the UK Immigration rules, ensuring compliance with Right to Work (RTW) checks is not just important, it's essential.
Failure to meet these requirements can lead to outright refusal of your application or, if you're already a license holder, a revocation. This blog highlights why online RTW checks are mandatory and how they safeguard your Sponsor License status.
Consequences of Missing Online Checks
Failure to perform the correct RTW checks can have significant consequences:
- Sponsor License Refusal: The Home Office may refuse your Sponsor License application if you cannot demonstrate online RTW checks before the work start date of the employees.
- Sponsor License Revocation: Non-compliance can result in license revocation, preventing you from sponsoring workers and disrupting your operations.
Why RTW Compliance Matters for Maintaining a Sponsor License
Securing a Sponsor License is just the first step. UKVI regularly audits license holders, scrutinizing key areas such as:
- RTW Records: Employers must maintain evidence of compliant online RTW checks and also the RTW documents such as a copy of Passport, BRP Card/E-visa, National Insurance Number etc.
- Timing: RTW checks must be completed before employment begins.
- Follow-Up Checks: Employers must conduct follow-up RTW checks for visa holders to ensure ongoing compliance.
- Monitoring Visa Expiry: Set up calendar reminders to monitor visa expiry dates and ensure checks are performed promptly.
How to Perform an Online Right to Work Check
To remain compliant, follow these steps:
- Visit the Home Office Online Right to Work Service.
- Request the employee’s share code and date of birth.
- Verify their RTW using the online system.
- Record the check details and retain a copy of the result as evidence.
- Schedule Follow-Up Checks: For visa holders, ensure follow-up checks are completed every 12 months or before visa expiry.
Civil Penalties for Breaches
Employers found in breach of the rules by employing someone without the right to work in the UK may face the following penalties under the law:
Civil Penalty Amounts: For a first breach, a penalty of up to £45,000 per illegal worker. For repeat breaches, a penalty of up to £60,000 per illegal worker.
Statutory Excuse: Employers can establish a statutory excuse against liability for a civil penalty by conducting the prescribed right-to-work checks and retaining the required documentation. Failure to perform these checks removes this statutory protection.
Offences Relating to Illegal Working
Criminal Offence of Employing an Illegal Worker: Under the law, an employer commits a criminal offence if they knowingly employ someone who does not have the right to work in the UK. The consequences for this offence include: An unlimited fine. Imprisonment of up to 5 years.
Impact on Sponsor License Holders: Employers holding a sponsor license who are found in breach of supplementary employment rules may face: Revocation of their sponsor license. Suspension or other sanctions, depending on the severity of the breach.
Losing a sponsor license can severely impact the ability to sponsor Skilled Workers in the future, thereby disrupting recruitment and operational activities.
Safeguarding Your Business
To maintain compliance and safeguard your Sponsor License:
- Train HR Teams: Ensure your team understands RTW obligations and online checks.
- Conduct Internal Audits: Regularly review your RTW records for accuracy and completeness.
- Schedule Reminders: Use calendar systems to track visa expiries and ensure follow-up checks are performed every 12 months.
- Retain Evidence: Always document and store proof of online checks for audit purposes.
Final Thoughts
Online Right to Work checks are mandatory. Failure to comply can result in a refused Sponsor License application or the revocation of your existing license, disrupting your workforce and business growth. By staying proactive, vigilant, and setting up structured reminders for follow-up checks, employers can ensure seamless compliance with UK immigration requirements.
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How Nara Solicitors Can Help
Stay fully compliant with immigration rules by opting for a Home Office-style compliance audit conducted by Nara Solicitors. Our thorough audits replicate the standards and procedures used by the Home Office, ensuring your organization is well-prepared for any official inspections. Let us help you:
- Identify potential risks
- Implement corrective measures
- Maintain seamless compliance
Our Services Include:
- Sponsor Compliance and Audit Services: Ensuring adherence to Skilled Worker and supplementary employment rules. Conducting audits to identify risks and ensure compliance with Home Office requirements.
- Sponsor License Management: Assistance in applying for, renewing, or managing your sponsor license. Providing training and guidance to HR teams on sponsor duties and compliance.
- Representations Against Suspension or Revocation: Filing representations against suspension or revocation to help you retain your license and continue operations.
- Judicial Review: Challenging sponsor license revocations in the High Court through Judicial Review.
