One of the biggest responsibilities as a prospective sponsor licence is Right to work check. All UK businesses have an obligation to try not to utilize illicit workers. Via completing proper right to work checks, businesses might shield themselves from common punishments and indictment.
Right to Work checks
The UK employer is under an obligation to make sure that each representative has a right to work. You should direct this check before your hired workers start working for you. Assuming you need to utilize a specialist from outside the European Economic Area, they should acquire, or as of now have, authorization to work.
You should actually look at the records within the sight of the holder, and before they begin working for you. You should really take a look at a few properties of the records. It is acceptable practice to record that you have actually looked at each point.
You should make an unmistakable copy of each report in an arrangement which can’t be changed and hold this duplicate safely for at least two years after the work has gone to an end.
You must obtain all the necessary documents from List A & B or Annex A, which is for the list of Right to Work checks for employers.
This list is beneficial for you in checking whether the documents presented to you by the employee are genuine or not.
Checking whether the photograph is even and consistent with the person’s look, the date of birth should be consistent throughout the paper work. And most importantly, checking the expiry date of leave to enter or remain in the country.
Online Right to work checks
Until the first week of September the UK Home Office only online checks have taken place.
- All the checks have been conducted over video call.
- The new employees and the already existing employees have sent scanned copies of documents or a photo of documents for checks using email or a mobile app, inplace of sending original documents.
- The employers must use the Employer Checking Service facility if a new employee or existing employee cannot provide any of the accepted documents.
What measure can be taken if right to work checks are not fulfilled
Any employee who fails to fulfil the right to work checks in a follow up check must be discontinued from the term of employment.
It should be noted that only when the person has genuinely failed to complete the documentation and present accurate right to work check documents should be removed.
No unlawful decision must be passed against the employee’s right to work, else there could be some serious consequences by the Home Office. You can also face sponsor licence revocation.
The Home Office publishes a list of civil penalties to be imposed on the companies. If once you have been in the civil penalty list you can thereafter face complications while applying for a sponsor licence.
How should you make success sponsorship licence applications?
Your applications largely depend on how committed you are towards your sponsorship duties. It is important to seek legal advice from an immigration solicitor based in London who can handhold you through the entire process. A Y & J Solicitors are industry experts in Sponsor licence applications, known for its bespoke services.