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Compliance and Civil Penalties

Upper Tribunal Immigration Appeal

Compliance and Civil Penalties

UK Business Immigration Compliance and Penalties
At Highwood Solicitors, we understand the critical nature of ensuring that UK businesses adhere to immigration compliance, thereby avoiding any potential civil penalties.

Verifying Employment Eligibility in the UK
It’s essential for UK businesses to verify the employment eligibility of all their employees. Before any staff member starts, they must undergo a right-to-work check. For individuals outside the European Economic Area, it’s vital they secure, or already possess, permission to work.

Based on the Home Office guidance, there are two essential lists:

  • List A: For those with indefinite UK work rights.
  • List B: For those with time-bound UK work rights.

Securing and retaining the right documents provides you with a ‘statutory excuse’, shielding you from potential penalties if a worker’s eligibility changes. These checks should always be performed with the employee present and before their official start date. Remember, always make unalterable copies of these documents and store them securely for a minimum of two years post the employment termination.

To uphold non-discrimination principles, ensure you check the right-to-work documents for all prospective employees, irrespective of their race.

Facing Civil Penalties
Should your business be found employing someone without the correct permissions, you could face a civil penalty, with each unauthorized worker incurring separate penalties.

The Home Office will notify you if they believe you’re in breach, after which you can either challenge or accept their decision. Your penalty’s magnitude can reach up to £20,000 for each illegal worker. Factors affecting the penalty amount include prior offences, your cooperation with the Home Office, and adherence to employment laws.

Penalty payments can be flexible, with options for reductions or instalments. Non-compliance might lead to court proceedings, potential County Court Judgments, and repercussions on your credit rating and directorial duties. Moreover, deliberately employing an unauthorized worker can result in imprisonment or fines.

Additional Insights on UK Employment Verification and Penalties
Regular right-to-work checks can help businesses avoid penalties. It’s worth noting, however, that having performed document checks doesn’t absolve employers if they were knowingly employing someone without permission.

The Home Office maintains a public list of penalized businesses on their website and might publicize the names of businesses found in violation.

Past offences could impact future applications, like those for Skilled Worker or Temporary Worker Sponsor Licences.

How Highwood Solicitors Can Assist
At Highwood Solicitors, our team of expert solicitors is proficient in all right-to-work verification processes. We collaborate with businesses to bolster their HR practices, ensuring compliance with the law. Our goal is to streamline the verification process, ensuring your business remains free from immigration-related issues.

If faced with a Notification of Liability for a Civil Penalty, our seasoned solicitors can guide you on building a solid defence. We also support objections to the Civil Penalty Compliance Team and offer representation during civil penalty appeals in County Court.

Our dedication is to provide you with dependable immigration advice, coupled with an unparalleled commitment to understanding and fulfilling your needs.

For further assistance, reach out to us at +44 (0) 1206523714.

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