Your organisation may face a range of tough sanctions if you are found to be employing individuals who do not have the appropriate right to work for you.

You can avoid this by ensuring full right to work checks are conducted in keeping with the latest Home Office guidance. We provide specialist advice on the range of illegal working offences and how to avoid them, also how to respond if you fall foul. Following a slow-down during the pandemic, the Home Office has resumed compliance visits and the latest official figures already show a big rise in penalties too.

Advice on how to conduct right to work checks and avoiding civil and criminal sanctions

The legislation and guidance around illegal working can be complex.

Click here for our quick guide to protecting yourself with right to work best practice, based on the latest Home Office guidance.

The Home Office have now extended remote pandemic checks until 30 September 2022, at which point employers would have to choose between in person checks for British and Irish citizens and using a certified identity service provider (IDSP) using Identification Document Validation Technology (IDVT).

Since 6 April 2022 employers are no longer permitted to accept some physical documents as evidence of right to work. This includes Biometric Residence Permits (BRP), Biometric Residence Cards issued to family members of EEA migrants under the EU Settlement Scheme and Frontier Worker Permits for EEA migrants. Employers will instead be expected to use the free UK Visas & Immigration (UKVI) online checking tool for all biometric card holders.

There have been many changes to how right to work checks should be conducted over the past years, and if you have any concerns we can help audit your processes to check they were compliant at the time and therefor would protect you from prosecution.

We can advise you on all aspects of the ever-changing right to work check rules and how to avoid civil penalties, criminal sanction and related adverse consequences if you are a sponsor licence holder with specialist advice on carrying out fully compliant right to work checks.

To find out how we can help you please call us on 0207 033 9527 or click here to send us an email

Advice and representation in relation to a Referral Notice or Civil Penalty Notice

Referral Notices and Civil Penalty Notices can be challenged, and we offer strategic advice, assist you to gather evidence and make representations on your behalf.

Being issued a Civil Penalty Notice could mean you lose your sponsor licence or face criminal proceedings and we offer specialist advice in such cases.

To find out how we can help you please call us on 0207 033 9527 or click here to send us an email

NEW: Guide to employee Right to Work Checks - including the latest 2022 changes for Ukrainians and BRP holders

Employers may face a range of tough sanctions, both civil and criminal if they are found to be employing individuals who do not have the right to work.

Human Resources staff can avoid this by ensuring full right to work checks are conducted in keeping with the latest Home Office guidance. We provide specialist advice on illegal working offences, best practices to avoid them, how to mitigate and report lapses and also how to respond if you fall foul. Following a slow-down during the pandemic, the Home Office has resumed compliance visits and official figures show a big rise in penalties which can amount to up to £20,000 for each staff member illegally employed.

This year HR teams have many right to work changes to contend with. The Home Office have now extended remote pandemic checks until 30 September 2022. Employers will then have to choose between in-person checks for British and Irish citizens or using a certified identity service provider (IDSP) using Identification Document Validation Technology (IDVT) (see our guide below).

From 6 April 2022 employers are no longer permitted to accept some physical documents as evidence of right to work and instead are expected to use the free UK Visas & Immigration (UKVI) online checking tool for all biometric card holders. The latest Home Office guidelines were also updated on 6 April with an appendix to support employers seeking guidance on what documentation Ukrainian nationals will need to prove their right to work.

Click here for our quick guide to protecting yourself with right to work best practice, based on the latest Home Office guidance.

To find out how we can help you keep on top of compliant right to work checks or to discuss any related UK immigration issues, please call us on 0207 033 9527 or click here to send us an email:

“We have worked with Vanessa for more than four years during which she has assisted our clients with sponsor licence and Tier 2 work. Vanessa and her team deliver nothing but excellent service with efficiency and a personal touch.”

Boutique employment law firm, central London

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