As an employer of overseas talent, there are certain duties which you must fill.
Firstly, if you do not already have one, you must obtain a Sponsor Licence before employing any non-EEA workers on Tier 2 or Tier 5 Visa.
Once you have obtained such a licence, you must then issue a Certificate of Sponsorship to every prospective Tier 2 and Tier 5 migrant worker. This will enable them to apply for a work permit or visa, or extend their current stay in the UK.
You must also ensure that you update your Sponsorship Management System (SMS) to keep relevant records and reports in relation to your workers. This includes ensuring they meet their visa regulations and reporting any breaches that may arise to the Home Office.
Our immigration lawyers can assist you with any issues you may have when looking to employ and sponsor migrant workers. Our services include assisting with Sponsor Licence applications and performing compliance checks. With this, we will make sure that your employment methods are functioning legally, and resolve any instances where they are not. We also offer appeal services if you have received a discipline, such as a Civil Penalty, from the Home Office.
It is highly important that, as an individual migrant worker, you understand the penalties you could face should you be found to have ignored the law.
You could face a six-month prison sentence with an unlimited fine if you are found working without the rightful paperwork. In addition, any income you earn as a result of working illegally may be seized by the Home Office.
If you are worried that you might be working illegally in the UK then it is highly advisable that you seek the guidance of an immigration specialist.
Working illegally in the UK can have a negative impact on any future applications you may make for a UK visa or work permit.
If you get in touch with one of our highly-equipped immigration lawyers, they can take you through the different Work Permits that are available to you and help you legitimise your position in the UK.
As of July 2016, under section 24B of the 1971 Act, an individual pledges the offence of illegal working if he or she is:
- subject to immigration control;
- employed in the UK;
- disqualified from working in the UK due to his or her immigration status; and
- at the time, has knowledge or reason to believe that they should not be working in the UK based on his or her immigration status.