Employing Foreign Nationals – are you complying with the law?

Reports suggest that less than a third of companies are aware of the sanctions for failing to secure right-to-work documentation for their overseas workers and if you have a sponsor licence you could be one of the 93% who could be at risk of having your sponsor licence revoked.

The problems arise in respect of failing to advertise vacancies correctly; retaining the correct documentation for overseas workers; not reporting changes to employee circumstances and failing to carry out sufficient internal compliance audits as sponsors of overseas workers.

The Immigration Act 2016 introduced harsher punishments for those who fail to keep up with their obligations which can include immediate closure of companies and prison sentences for directors.

If you employ non-EU workers you are obliged to keep records such as attendance and absence, evidence of a resident labour market test proving that it was difficult to find a UK worker for the same role, professional accreditations and pay slips. 

Many companies have their heads in the sand in respect of these onerous new provisions so don’t be one of them.

If you have any questions about this matter or any other employment issues please contact Gill Brown, at Phillips Solicitors on 01256 854605 or email gill.brown@phillips-law.co.uk where she or another member of the Employment Team will be happy to help.


Contact our Employment team to find out how we can help you