Since coming into power on 5 July 2024, Labour has confirmed that it will be continuing with the Conservative’s plan to cut net migration to the UK. Although Labour hasn’t implemented any significant changes to the Immigration Rules just yet, they are working with other organisations such as The Migration Advisory Committee (The MAC), Skills England, The Industrial Strategy Council and DWP in order to review the UK’s reliance on sponsored Skilled Workers, and to consider why some key sectors rely on international recruitment. They will also be considering whether there are any incentives that could be introduced to promote recruitment and training from the domestic workforce.

It is crucial that UK businesses have the ability to recruit and retain top talent from around the World; this creates a diverse workforce and means that organisations can attract the best talent. However, compliance is key to avoiding costly penalties; below are 10 essential tips to help employers manage immigration processes effectively and stay compliant.

1. Understand visa categories

Not all migrants in the UK need sponsorship to undertake employment. There are a large number of visa categories available for foreign workers, so businesses should have some understanding of the categories, or at least know who to contact to discuss the categories with.

Migrants in the UK may already hold a visa enabling them to work. For example, most international students can undertake part-time work during term time and full-time work outside of term time, and international students who have completed a relevant qualification in the UK can potentially secure a Graduate visa which enables them to work in the UK for either 2 or 3 years. Other individuals may hold a visa that enables them to work without restrictions; they may hold settlement, status under the EU Settlement Scheme, or perhaps be the family member of another individual and hold a visa issued on this basis.

Employers shouldn’t be hesitant when approached by an individual who holds a UK visa; recruitment procedures should be followed to avoid any discrimination. We can then consider the individual’s immigration status and whether sponsorship is necessary once you know whether the individual identified is the most suitable candidate.

2. Ensure you follow a compliant right to work procedure

Earlier this year the maximum civil penalty that can be imposed on companies found to have illegal workers increased to £45,000 (from £15,000) for first time penalties, and £60,000 (from £20,000) for repeat offenders within a period of 3 years. The only way to avoid a civil penalty (and/or a potential criminal conviction) is by undertaking a compliant right to work check before employment begins.

3. Monitor your workers

Ensure that a system is in place to flag visa expiry dates; this will help you to prevent illegal working. You can then liaise with the worker prior to the expiry of their visa and can undertake a follow up check if necessary.

It is also important that employers, particularly those that hold a sponsor licence, know where there workers are – ensure that procedures are in place to monitor your workers whereabouts. For instance, employers should know when their employees are working from home, are on annual leave, or are sick.

4. Organisations can sponsor workers

Organisations in the UK can secure a sponsor licence to sponsor a worker. The most common route to sponsorship is the Skilled Worker route, although other sponsorship routes exist. For example, the Global Business Mobility: Senior or Specialist Worker route enables multi-national companies to temporarily assign senior managers or specialist employees to the UK for a work assignment.

Once a sponsor licence is held, a Certificate of Sponsorship can be assigned to the proposed worker; they can then use this document to support their visa application.

5. If a sponsor licence is needed, understand the process before applying

Securing a sponsor licence can be complex, so employers should seek advice about the process and procedure; whilst the completion of an online form and gathering supporting documents may seem like a simple task, there’s a lot more to the process.

When considering a sponsor licence application, the Home Office will be considering whether your organisation can comply with the extensive sponsorship duties that will be imposed as a sponsor licence holder. These include having to update the Home Office about certain updates in relation to your organisation or sponsored worker, retaining specified documents and information in relation to sponsored workers, and ensuring compliance with right to work processes and employment law.

6. Keep up to date in relation to any changes to immigration laws

Immigration Rules, Home Office guidance and legislation are often amended, and changes can sometimes impact your business’s ability to sponsor or recruit a worker. For example, earlier this year, the general salary threshold that applies to the Skilled Worker route was increased from £26,200 to £38,700 (some reductions exist depending on a worker’s characteristics and whether they have previously been sponsored). If those sponsoring Skilled Workers weren’t aware of the changes and how they impact their workforce, visa applications could have been refused.

The definition of supplementary employment was also changed, which can enable a sponsored worker to undertake part-time work elsewhere, alongside their sponsored work. Since the change, Skilled Workers can now undertake work in any role that is suitable for sponsorship under the Skilled Worker category (assuming their sponsored employment continues), yet the Home Office still hasn’t updated all guidance notes to reflect the update.

7. Maintain accurate records

It is important that sponsor licence holders maintain accurate records in relation to their sponsored workers. For example, a history of their contact details must be retained, and must be kept up to date. It’s also important that organisations know who their sponsored workers are – this information isn’t easy to secure via the Sponsorship Management System.

Even if a sponsor licence is not held, it is important that records are maintained in relation to right to work checks. If a notice is issued because Immigration Enforcement suspect illegal working, you will need to prove that a compliant right to work check was undertaken. For this, we’d want to know who undertook the check, when the check was undertaken, and what documents were reviewed.

8. Be prepared for a compliance visit if a sponsor licence is held

Compliance visits can be undertaken at any time, so be prepared for one! UK Visas and Immigration is actively taking action against those that hold a sponsor licence, and is checking that sponsors are complying with their sponsorship duties. Figures released on 22 August 2024 confirm that in 2024 Q2 524 Skilled Worker sponsor licences were suspended (increasing from 309 in 2024 Q1) and 499 Skilled Worker sponsor licences were revoked (increasing from 210 in 2024 Q1). Ensuring that accurate records are maintained and lawful right to work procedures are followed is crucial.

9. Get ready for eVisas

The UK is moving towards a digital immigration system. Individuals that hold a Biometric Residence Permit, Biometric Residence Card, or an endorsement in their passport will need to register for a UKVI account to access their eVisa (unless they already have a UKVI account and eVisa). As an employer, you don’t need to undertake any steps in relation to the digitalisation of the immigration system, but you may want to inform your employees about the change, so they can undertake the necessary steps to secure an eVisa by 1 January 2025.

An article I’ve prepared in relation to the digital immigration system – which summarises 10 FAQs in relation to the system – can be accessed here: https://www.jmw.co.uk/blog/personal-immigration-solicitors/the-uk-is-moving-towards-a-digital-immigration-sys.

10. Secure advice

Having an immigration lawyer on hand will help you to navigate any immigration complexities that may arise. We’re often answering questions from HR teams who are dealing with a right to work check but don’t understand whether the individual can work or what documents they can accept – right to work checks are often complex.  Expert immigration solicitors can help with matters like this, ensuring you are compliant with managing your workforce.