Tier 2 visa Sponsors: UKBA compliance & “right to work” in the UK

Right to work in the UK

Under the Immigration, Asylum and Nationality 2006 which came into force on 29 February 2008 if your UK office employs a person who is not allowed to work in the UK or who is working for you in breach of their conditions of stay in the UK then your organisation will be liable for a civil financial penalty of £10,000 per migrant in breach and your Sponsor Licence will be withdrawn.  This  means your business in the UK will either be effectively over as compliant T2 migrants will have to be pulled back from UK client sites and sent back to India or at best your UK business will be severely impaired.

Non-compliance at UKBA audit

UKBA will visit your office at regular intervals to inspect the HR files;  check “right to work” documents;  look into migrant contact and attendance records;  scrutinise salary, job descriptions and employee information etc according to a detailed checklist.  If your UK office is found deficient in any of the areas targetted by UKBA, your Sponsor Licence will be downgraded or even revoked completely with a devastating effect on your UK business.

To safeguard our clients against any possibilities of business disruption or failure we regularly visit our clients to perform compliance reviews and “health checks”  based on UKBA audit procedures.  In many instances our clients have insisted we come in and do “spot-checks” without prior warning to ensure HR files and compliance procedures are maintained as per UKBA guidelines at all times.

If your UK office has not yet had a UKBA audit or is facing one in the near future we strongly suggest you contact RKG Consulting to discuss ways of mitigating risk to your UK business.