One of your most important duties as an employer in the UK is to make sure that immigration laws are followed. The Home Office can carry out compliance checks or immigration audits to make sure you are fulfilling your responsibilities, especially with regard to hiring workers lawfully. Although getting ready for such an audit may seem overwhelming, you can do it with confidence if you follow the correct procedures.
What is an immigration audit?
The Home Office visiting your company to assess your compliance with immigration laws is known as an immigration audit or compliance check. Usually, this focuses on your right-to-work checks, which verify that your workers are permitted to work in the United Kingdom. There may be fines, penalties or other sanctions for noncompliance.
Step 1: Review Right-to-Work checks
The first step in getting ready for an immigration audit is to go over your right-to-work checks. Verify that you are properly conducting right-to-work checks on each employee. This includes examining original documents, such as residency permits or passports, confirming their legitimacy and preserving copies for your documentation. Before employment starts, make sure these checks are completed.
Step 2: Examine employee files
The second step is to examine your employee files to make sure all the paperwork is current and in compliance. Important items to look for include documents granting permission to work (such as biometric residence permits or visas). In relation to visa expiration dates, you will need to schedule reminders to double-check as the date approaches. You will need to ensure copies of documents are safely kept for a minimum of two years following the termination of employment.
Step 3: Understand sponsor responsibilities
As a third step, you will need to understand your sponsor responsibilities. Additional obligations come with being a sponsor, including using the Sponsor Management System (SMS) to notify the Home Office of material changes to an employee’s situation, such as terminations or changes in job title, maintaining thorough personnel records, including job descriptions, pay and attendance, and immediately updating your company’s information if it changes (e.g. office address, ownership structure).
Step 4: Provide staff training
The fourth step is to provide your staff with training. Make sure the employees in charge of hiring or compliance are knowledgeable about right-to-work policies. Errors can be avoided with regular practice. Before employment starts, make sure these checks are completed.
Step 5: Conduct an internal audit
To find any weaknesses or possible hazards in your procedures, conduct an internal audit. By doing this, you can take care of problems before the Home Office notices them. You can have an immigration compliance specialist assist you with this. Make sure someone in the organisation is ready to communicate with Home Office representatives, ideally HR or compliance staff. To prevent delays during the audit, keep your documents well-organised and within easy reach. Keep track of all communications with the Home Office, including any previous audits or inquiries.
What Happens during an immigration audit?
The Home Office may examine your employee files and right-to-work checks during the audit. To verify compliance, speak with employees. Check that you are fulfilling your sponsorship obligations, if any. Verify your systems to make sure illegal work is not occurring. If non-compliance is found by the Home Office, a civil penalty, such as a fine (up to £20,000 per illegal worker), could be imposed on you. Hiring qualified foreign workers may become challenging if your company is downgraded or loses its sponsorship licence. Criminal prosecution may result from severe cases.
How to stay proactive in compliance
Take the initiative, even if there isn’t a planned audit. Update and review your processes on a regular basis. Maintain open lines of communication (i.e. report any pertinent changes to the Home Office as soon as possible). You should seek advice from an immigration solicitor if you have questions about compliance. You can make sure that your company passes any Home Office compliance check with ease by remaining vigilant and organised. In addition to avoiding fines, a well-prepared company enhances its standing as a conscientious employer.
Updated: 12 December 2024
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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