Prevention of Illegal Working

This is a complex area of law and businesses are obliged to comply with stringent requirements, which can easily be overlooked without the correct advice. Preventing illegal working may seem like a daunting responsibility for many HR advisors, however, our top ranked immigration team can guide you through setting up and maintaining effective processes to make this more manageable.

All businesses are required to assist in the prevention of illegal working. Sponsors are required to demonstrate that they have undertaken their duties by way of record-keeping. In establishing key processes and maintaining adequate records of employee’s right to work in the UK, a defence may be established should it transpire that one of those workers does not have the correct permission to take up the employment in the UK.

Should no defence be established, an employer could face a fine of up to £20,000 per illegal worker, levied under the Immigration, Asylum and Nationality Act 2006. Having reasonable cause to believe or knowingly employing those without the correct work permission could lead to criminal sanctions, including imprisonment. Our highly reputable criminal team would be able to assist in this respect. Not only that, the reputational damage to the business could have severe ramifications. We would seek counsel from our discreet yet formidable reputational management team should this become necessary.

Our experienced immigration team can guide sponsors in the following areas:

• Establishing key processes
• Using online right to work checks where appropriate
• Maintaining adequate records
• Having systems in place to allow you to easily track visa expiry dates
• Ensuring up to date evidence is retained to demonstrate all employers continue to have the right to work in the UK

You may currently be undergoing an investigation by the Home Office. We can assist you by offering round the clock support including conducting audits and presenting our findings. We will work with you to create and build excellent compliance systems with routine health checks, and we will ensure all HR members receive training so they can understand and perform their duties easily.

We will be there to assist at a scheduled Home Office visit and make representations on your behalf. With the added benefit of our extremely knowledgeable employment team, we are able to integrate our services so as to be able to assist you in drafting office manuals, employment contracts and offer letters.

Recent example of work

• Undertaking an internal investigation, providing compliance advice and negotiating with the Home Office on behalf of a Tier 2 sponsor in respect of potential illegal working breaches, including advising on the possible impact on their business, its managers and directors and leveraging our firm’s expertise in immigration, employment and criminal law.

WHAT IS SAID ABOUT US

Always prompt and factual’" Kingsley Napley LLP provides "an excellent level of service"

Legal 500 UK

Kingsley Napley leads the immigration outfits in the UK"

Who's Who Corporate Immigration

​The practice has gone from strength to strength.'the group is 'at the top of its game,' whilst clients are keen to highlight that the department is 'extremely informative and good at reporting policy changes'..." 

Chambers UK, A Client's Guide to the UK Legal Profession

"Interviewees agree that Kingsley Napley is home to a superb team of immigration lawyers"

Chambers UK, A Client's Guide to the UK Legal Profession

Absolutely superb” 

Chambers UK, A Client's Guide to the UK Legal Profession

Top of the tree, with admirable depth and breadth” 

Chambers UK, A Client's Guide to the UK Legal Profession

Genuinely ground-breaking work that requires this firm’s impressive brainpower” 

Chambers UK, A Client's Guide to the UK Legal Profession

Kingsley Napley LLP has ‘enormous experience and great depth of practice'" 

Legal 500 UK

For more information about our immigration services please contact Nicolas Rollason at nrollason@kingsleynapley.co.uk or a member of the team.