Employee Vetting and Immigration Compliance
In today’s competitive business environment, ensuring compliance with immigration laws is not just a legal obligation but a strategic necessity. Employing individuals without the right to work in the UK can lead to severe penalties, including substantial fines and reputational damage. At HM & Co. Solicitors, we specialise in providing comprehensive employee vetting and immigration compliance services to help businesses navigate these complex regulations.
Understanding the Risks
The UK government has intensified its efforts to prevent illegal working. As of February 13, 2024, the penalties for employing illegal workers have significantly increased
£45,000 per illegal worker for a first offence
£60,000 per illegal worker for repeat offences.
These fines represent a substantial increase from previous amounts and underscore the importance of rigorous compliance measures.
The Importance of Employee Vetting
Proper employee vetting is the first line of defence against illegal working penalties. Employers are required to conduct right-to-work checks before employment commences. Failure to do so can result in civil penalties, even if the employer was unaware of the employee’s immigration status. Our services include:
Right-to-Work Checks: Verifying the legal status of potential employees.
Document Verification: Ensuring authenticity of passports, visas, and other relevant documents.
Record Keeping: Maintaining accurate records to demonstrate compliance.
Training and Compliance Support
Beyond initial vetting, ongoing compliance is crucial. We offer tailored training programs for HR personnel and management to ensure they are equipped to handle immigration compliance effectively. Our training covers.
Understanding Immigration Laws: Keeping abreast of the latest legal requirements.
Implementing Compliance Procedures: Establishing internal processes to maintain compliance.
Responding to Home Office Audits: Preparing for and managing official inspections.
Contesting Penalties
If your business faces a civil penalty notice, it’s essential to act promptly. Employers have the right to object to a penalty if they can demonstrate that they conducted the appropriate checks.
Reviewing Compliance Procedures: Assessing whether proper checks were conducted.
Preparing Objections: Compiling evidence to contest the penalty.
Representation: Advocating on your behalf during appeals.
Why Choose HM & Co. Solicitors?
With over 16 years of experience in UK immigration law, HM & Co. Solicitors has a proven track record of helping businesses maintain compliance and avoid penalties. Our dedicated team stays updated on the latest legal developments and works closely with clients to provide practical, effective solutions.
Get in Touch
Protect your business from the risks associated with illegal employment. Contact HM & Co. Solicitors today to learn more about our employee vetting and immigration compliance services.
Your Questions, Answered
FAQs
Employee Vetting FAQs
Will I be visited by the Home Office?
Yes, it is possible. The Home Office may carry out visits either during your initial sponsor licence application or at any time afterward. These visits are intended to assess whether your business is compliant with its sponsor duties. At HM & Co. Solicitors, we work with you to minimise the likelihood of a visit. Where a visit is likely or unavoidable, we ensure your documentation, systems, and processes meet the Home Office’s compliance requirements.
Why would the Home Office choose to visit my business?
The Home Office may decide to visit a business for several reasons. While their criteria evolve, visits are more commonly targeted at organisations operating in what the Home Office considers high-risk sectors. A visit may also be triggered by risk indicators picked up by the Home Office’s intelligence teams, such as inconsistencies in your sponsor licence reporting or previous non-compliance.
Importantly, businesses that are well-prepared and follow proper procedures have nothing to fear from a visit.
What compliance measures should I have in place?
To remain compliant with your sponsor duties, you’ll need to ensure the following are properly maintained:
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Accurate use of the Sponsor Management System (SMS)
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Complete and up-to-date personnel and employment records
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Timely reporting of relevant changes in the business (such as change of address, key personnel, or employment status of sponsored workers)
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Internal processes for monitoring employee immigration status
At HM & Co. Solicitors, we offer detailed advice and training on every aspect of sponsor compliance.
How does HM & Co.'s compliance support work?
We offer a full compliance service, including the option for us to be listed as your legal representative on your Sponsor Management System (SMS). This allows us to manage most day-to-day compliance tasks on your behalf and ensure you stay fully up to date with Home Office requirements.
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Testimonials
What Our Clients Are Saying
I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers).
Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
Shocked and surprised!
I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
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