The government has stepped up efforts to prevent illegal working by migrants in the UK.
Organisations that employ migrant workers have been warned by officials and legal representatives to check paperwork and compliance measures of their staff.
There was a 10% rise in enforcement visits over the past two months as prime minister Rishi Sunak vowed to crack down on illegal immigration. More than 90 illegal working civil penalties were issued with fines totalling £1.5m.
The government website stated: “A total of 1,152 immigration enforcement visits have taken place across the UK to identify illegal working since 11 December, marking an almost 10% rise on visits completed in the previous five weeks.” Over December and January, 362 people were arrested for illegal working.
Right to work
Three years on, how has Brexit impacted the workforce?
Immigration minister Robert Jenrick added: “Illegal working causes untold harm to our communities, cheating honest workers of employment, putting vulnerable people at risk, and defrauding the public purse.
“Our immigration enforcement teams are working round the clock to bring those violating our laws to justice. It’s our priority to crack down on this crime and empower law enforcement to remove illegal migrants”
As part of the crackdown on illegal working, Sunak has also pledged to hire 200 new immigration enforcement staff and restart data sharing with banks to ensure those in the UK illegally do not have access to bank accounts.
Immigration expert Yash Dubal said that the “hard-line” approach meant that all organisations that employed overseas workers should carefully review their procedures.
“It is worrying times for anyone who is not following the rules, whether wittingly or unwittingly,” he said. “The Home Office is intent on making sure only properly documented migrant workers are employed in Britain and those who are not following the rules can expect to be penalised.”
Even those with valid sponsor licences should double check to make sure that they are meeting all their requirements” – Yash Dubal
He advised all firms to ensure their paperwork was up-to-date and compliant.
“In the current climate, even those with valid sponsor licences should double-check to make sure that they are meeting all their requirements. UKVI conducts regular compliance visits to licence holders and the latest data suggests these are increasing.
“Information must be readily available for inspection by officials. It is also the responsibility of the sponsor licence holder to monitor the compliance of their sponsored employees, including ensuring they are working in accordance with the terms of their visa and that their contact details are up-to-date.”
Dubal, the director of AY&J Solicitors, warned it was vital for firms to be watchful when it came to immigration rules. He added: “The UK immigration system is in constant motion with new rules added at a whim.”
The firm had also spotted a trend developing in which compliance officers ask about workplace pension schemes with companies being asked to provide records to prove employees have opted out of the company pension scheme.
“This is unlikely to be a problem for larger companies with generally robust HR procedures but may be an issue for smaller employers,” Dubal said. “Companies that do not have a workplace pension scheme, such as sole traders who have newly registered for a licence might struggle with this line of questioning.”
Ministers back down over EU nationals ruling
Meanwhile, the Home Office has confirmed it will not appeal a court ruling that called the government’s post-Brexit residence scheme for EU nationals unlawful.
The High Court ruled in December that the Home Office was acting unlawfully by removing residence rights from EU nationals if they fail to apply twice to stay in the UK after Brexit. The Home Office had initially insisted it would appeal the decision, but a spokesperson said yesterday: “After careful consideration, we have informed the court that we do not wish to pursue the appeal.”
After Brexit, EU citizens who had lived in the UK for fewer than five years had to apply for “pre-settled” status — then apply again for settled status once they hit the five-year mark. The judge said people who failed to make this second application risked being deemed illegal “overstayers,” despite having rights to stay under the Brexit Withdrawal Agreement.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
According to campaign group The3Million which supports EU nationals’ rights in the UK, the government’s decision had “averted a ticking time bomb”.
Latest HR job opportunities on Personnel Today
Browse more human resources jobs
