New comprehensive guidance published last week by the UK Border Agency clarifies the risks posed by illegal workers to sponsors and to businesses hoping to become sponsors. Having robust HR systems in place to prevent illegal working is more important than ever. This is especially true considering that the UK Border Agency is conducting unprecedented numbers of compliance visits.
The Full Guide for Employers on Preventing Illegal Working in the UK states that a licence will be revoked if you are issued with a £10,000 fine and objection/appeal rights have been exhausted, or you fail to pay/set up an instalment plan for a lesser fine within 29 days of notice of liability, or you breach the conditions of your instalment plan.
The Full Guide also states that applications for sponsor licences will be refused where the fine was £10,000, or there has been a repeat offence, and one of the following applies:
- there is an outstanding fine more than 12 months old;
- there was a fine less than 6 months old that was paid on time; or
- there was a fine less than 12 months old that was not paid on time.
See the guidance here.