In January of this year 828 UK premises were raided by Immigration Enforcement, the highest total raids recorded in January for more than half a decade. Illegal working raids are also up by 38% since Labour came to power compared to the same period 12 months ago, all according to the Home Office’s own reports. 2025 is shaping up to be a year of significant scrutiny on immigration compliance.
All organisations must comply with UK legislation on preventing illegal working. The consequences of not correctly complying and can include civil penalties, and in extreme cases unlimited fines or even jailtime. Organisations who hold Sponsor Licences from the UK to employ migrant workers have even more to consider, as they also need to fulfil their numerous duties as Sponsors.
With this in mind, now is as good a time as any to remind yourself of your duties, the best ways to protect your organisation, and to consider the following three points.
Review Your Right to Work Check Processes
Correctly conducted ‘Right to Work’ checks will provide your business with a statutory excuse against civil penalties if someone is found to be working illegally. If the Home Office visits a business, they will normally ask to see records of these checks. It is therefore of utmost importance that the checks are done thoroughly and compliantly.
The evidence someone can provide to prove they have the right to work in the UK will vary depending on their circumstances, for example their visa status in the UK or if they have British citizenship. You must also identify whether a check will time-limited and must be re-conducted in the future.
Regular reviews to your ‘Right to Work’ check process can make sure you keep up to date with the Home Office’s regularly changing guidance. Be sure to check that existing records are properly documented and easily accessed, and that relevant information such as dates for re-checks are diarised.
Remind yourself of your duties as a Sponsor
Organisations that hold a Sponsor Licence have certain duties they must uphold, such as keeping certain records and reporting to the Home Office changes to migrant workers’ circumstances. The Home Office’s guidance for Sponsors is frequently updated, and it’s important to stay on top of these changes so you properly understand your duties.
Some key questions to ask may include:
- Are you aware of reporting periods for common changes? It is easy to forget that many changes to migrant worker circumstances and to your organisation must be reported to the Home Office. Different changes will either have to be reported within 10 or 20 working days, and failure to report can be a compliance concern.
- Do you have required documents recorded correctly and easily accessible? These records might include evidence of recruitment activity; Right to Work checks; and details of your Sponsor Licence application. Do you know how long you must maintain these records.
- Check your key personnel are up to date and still eligible to maintain their duties. Are any personnel changes upcoming? Is it worth adding more Level 1 Users to make your licence management more streamlined?
Conduct a mock audit
A mock audit is a great way to assess the compliance of your Sponsor Licence and related HR functions. They replicate the questions and checks the Home Office would ask/undertake if they were to visit your premises. They give you the opportunity to address any questions raised with the help of legal professionals, which should put you in the best position moving forward to deal flexibly with any actual Home Office audits, migrant worker extension applications, and other changes to the Immigration Rules.
This article was produced by another member of our ETL GLOBAL network with specialism in Immigration and Nationality law. If the contents are of interest to you, please contact tracey.fallon@glaisyers.com and we’d be happy to introduce you to their services.
