As a sponsor licence holder in the UK, it is crucial to understand how to conduct right-to-work checks effectively. These checks are not just a legal requirement; they help you ensure that your workforce is compliant with immigration law, which protects your business from potential penalties. Failing to perform these checks properly can lead to serious consequences, including the revocation of your sponsor licence.
Navigating the right-to-work process can seem complex, but it is manageable with the right information. You will need to verify the eligibility of all prospective employees, using tools such as the Home Office online service. Being informed about the procedures will not only keep you compliant but also streamline your hiring process.
This guide will walk you through the essential steps to conduct right-to-work checks as a sponsor licence holder. You will learn what documents to look for, when to perform checks, and how to maintain accurate records. Ensuring compliance is vital for your organisation’s success and reputation in the UK job market.
Understanding Sponsor Licence Responsibilities
As a sponsor licence holder, you have important duties regarding immigration control and compliance. This section outlines the legal framework you must navigate, your specific responsibilities, and how to manage sponsored workers effectively.
Legal Framework and Immigration Control
The UK employs immigration control measures to ensure that only eligible individuals can work in the country. As a sponsor, you must understand the specific laws governing right-to-work checks and illegal working.
It is essential to comply with the Immigration, Asylum and Nationality Act 2006 and its amendments. If you fail to do checks properly, your organisation could face civil penalties. This can include fines of up to £20,000 per illegal worker. Ensure you are familiar with the Home Office guidance and updates.
Sponsor Duties and Compliance
You must perform specific tasks as a sponsor licence holder. These include conducting right-to-work checks before employment, maintaining accurate records, and reporting any changes in a sponsored worker’s immigration status.
Your compliance duties also involve using the Sponsorship Management System (SMS). This online system helps you manage your sponsorship obligations. You will use it for actions like issuing Certificates of Sponsorship (CoS) and reporting any issues.
There are different user roles in SMS: a Level 1 User manages the day-to-day operations, while a Level 2 User handles more complex tasks or compliance issues.
Managing Sponsored Workers and Certificates of Sponsorship
As a sponsor licence holder, you are responsible for managing your sponsored workers. You must ensure that each worker has the appropriate Certificate of Sponsorship (CoS) and that it is used correctly.
When you issue a CoS, include details such as the job role, salary, and working conditions. This document is vital for the worker’s visa application.
Additionally, you must track the worker’s attendance and any changes to their circumstances. If a sponsored worker fails to comply with their visa conditions, you must report this to the Home Office. Regular monitoring helps ensure compliance and mitigates risks associated with illegal working.
Conducting Right to Work Checks
Right to work checks are essential for sponsor licence holders. These checks help ensure that employees have legal permission to work in the UK. You must understand both manual and online methods, the role of the Employer Checking Service and Identity Service Providers, and the importance of record keeping and data protection.
Manual and Online Checks
You have two main options to conduct right to work checks: manual checks and online checks.
Manual Checks involve verifying original documents such as:
- Passport
- Biometric Residence Permit
- National Identity Card
Ensure that you take a clear copy of the documents. You must check that the documents are valid, not expired, and match the applicant’s features, like photo and date of birth.
Online Checks allow you to verify an employee’s right to work through the Home Office online service. The employee can provide a share code to access their information. You must follow these steps:
- Visit the Home Office online service.
- Enter the share code along with the applicant’s date of birth.
- Review the provided information carefully.
Both methods require you to complete checks before the start of employment.
Employer Checking Service and IDSPs
The Employer Checking Service (ECS) can be used if an employee does not have the acceptable documents. You submit details, and the Home Office informs you about the employee’s right to work status.
Identity Service Providers (IDSPs) use identity document validation technology (IDVT). This technology allows you to verify the identity of an individual digitally. You can use IDSPs to facilitate online checks, which can simplify the process.
Ensure that you choose an IDSP approved by the Home Office. This option provides a quick response regarding the applicant’s right to work, making it easier to proceed with hiring.
Record Keeping and Data Protection
It is crucial to keep accurate records of all right to work checks. You must store copies of the documents checked for at least two years after the individual’s employment ends.
Adhere to data protection laws when handling personal information. Ensure that records are kept securely and only shared with authorised personnel.
You should maintain details such as:
- Date of the check
- Document type inspected
- The outcome of the checks
This diligence not only helps in compliance but also protects your organisation from potential penalties. Proper record keeping, along with adherence to data protection principles, is essential in managing employee documentation effectively.
Addressing Special Cases and Changes
When conducting right-to-work checks, you may encounter various special cases and changes in legislation. Understanding how to manage these situations ensures compliance with the law, particularly for EEA and Irish citizens, temporary measures due to Covid-19, and corporate changes like mergers.
EEA Citizens, Irish Citizens and the EU Settlement Scheme
Since Brexit, the status of EEA and Irish citizens has changed. EEA citizens who were living in the UK before 31 December 2020 may have applied for the EU Settlement Scheme. Those granted settled status can live and work in the UK without restrictions. It is crucial to check if an individual has settled or pre-settled status.
To verify, you can use the Home Office online service, which allows individuals to share their immigration status with you via a share code. This process also applies to Irish citizens, who generally have the right to live and work in the UK under the Common Travel Area agreement.
Temporary Measures and Covid-19 Adjustments
During the Covid-19 pandemic, temporary measures were introduced to ease the burden of right-to-work checks. Remote checks became acceptable, allowing you to verify an individual’s right to work by video calls. You must ask them to present their documents clearly on camera.
Employers should also verify that the check is performed with original documents, even if done online. These temporary measures have helped maintain compliance while adapting to changing circumstances. Be aware of any grace period that may follow to ensure all checks align with the latest regulations.
Mergers, Acquisitions and TUPE Transfers
When your business undergoes mergers, acquisitions, or TUPE (Transfer of Undertakings Protection of Employment) transfers, right-to-work checks remain essential. Under TUPE, existing employee rights are preserved during the transfer. Any checks done prior to the transfer should still be valid, but you must ensure that all employees meet the relevant immigration requirements.
This includes verifying the work status of all staff who will be transferred. You may need to conduct new checks if their status has changed or if they are new employees. It’s important to maintain accurate records of these checks to comply with illegal working legislation.
Mitigating Risks and Ensuring Good Practice
Effective right-to-work checks help you avoid risks associated with illegal employment. Understanding how to conduct these checks can protect your organisation from disproportionate penalties and legal issues.
Preventing Discrimination and Ensuring Fairness
When conducting right-to-work checks, it is crucial to treat all candidates fairly. You should avoid practices that may lead to discrimination based on nationality or ethnicity.
To ensure fairness, implement a consistent process for checking all applicants. Use the same criteria for everyone, regardless of their background.
Guidelines to prevent discrimination:
- Train your staff on fair hiring practices.
- Document your procedures for transparency.
- Be cautious with questions about nationality during interviews.
Keeping detailed records not only helps in case of audits but also demonstrates your commitment to fairness.
Avoiding Civil Penalties and Criminal Sanctions
Employers face significant risks if they fail to conduct thorough right-to-work checks. The penalties for employing an illegal worker can include civil penalties and even criminal charges.
To avoid these consequences, ensure that you perform checks before employment starts. Records of checks can provide you with a statutory excuse if an issue arises later.
Key steps include:
- Initial checks: Obtain and verify the right-to-work documentation.
- Ongoing checks: For certain visa types, establish a system for repeat checks at required intervals.
Failure to follow these steps can lead to severe financial penalties and reputational damage, so take them seriously.
Getting Expert Advice on Complex Situations
Some cases around right-to-work may not be straightforward. For example, if an employee’s immigration status is unclear, you should seek expert guidance. An immigration lawyer can provide valuable advice tailored to your situation.
Consulting legal professionals can help you understand complicated immigration issues and avoid potential pitfalls.
Consider these points:
- When in doubt, don’t hesitate to ask for legal advice.
- Regularly update your knowledge on immigration law and best practices.
Preparation is key. By knowing when to seek help, you can make informed decisions and protect your organisation from potential risks.
Navigate the UK Immigration Process with Confidence – Buckingham Legal Associates specialises in global business visas, skilled migrant visas, and sponsored licenses. Our experienced advisers are here to provide personalised support. Contact us today for expert guidance tailored to your needs.