Ensuring Home Office Compliance for Employers: Expert Guidance and Training

Navigating the intricacies of UK immigration rules can be daunting for businesses. At Davenport Solicitors, we recognise the challenges employers face in meeting Home Office compliance standards. Our team of business immigration lawyers is are dedicated to providing comprehensive support to ensure your business remains compliant and well-prepared for the ever-evolving landscape of immigration requirements.

Home Office Compliance Checks: An Overview

The Home Office conducts random UKVI Compliance Checks as part of the process for Business Sponsor Licence applications. These checks are designed to assess your ability to fulfil sponsor duties and maintain proper Human Resources processes. Even after obtaining a sponsor licence, the Home Office reserves the right to perform periodic UKVI Compliance checks to ensure ongoing adherence to sponsor duties. Our employment lawyers offer guidance and audits to assist businesses in meeting these compliance standards.

Ensuring Compliance at Your Premises

The Home Office can perform both announced and unannounced UKVI Compliance Checks on sponsors. During these checks, Compliance Officers evaluate:

Accuracy and completeness of provided information.
Ability to provide employment opportunities.
Legitimacy of trading/operating within the UK.
Absence of indications of being a threat to immigration control.
Adherence to sponsorship duties.

At your business premises, Compliance Officers may:

Verify the accuracy of premises information provided during the licence application.
Interact with migrant workers, employees, and recruitment teams to confirm compliance with sponsorship duties.
Conduct checks on other employees to prevent illegal working.

Our business immigration solicitors frequently assist employers in preparing for visits from UKVI Compliance Officers to ensure a smooth process.

Understanding Level 1 Users

Once granted a sponsor licence, businesses have numerous obligations to maintain their license. Our experienced immigration lawyers assist businesses in fulfilling these duties. A Level 1 User is an individual responsible for day-to-day immigration work within the company. They manage tasks such as:

Adding or removing Level 2 users on the SMS (Sponsor Management System).
Assigning Certificates of Sponsorship (CoS) to migrants, vital for certain visa applications.
Requesting an increase in assigned CoS.
Reporting changes to UKVI, both minor and significant.
Conducting right-to-work checks.
Ensuring compliance in reporting migrant activity and withdrawing CoS.
Updating work addresses and user details.

Preventing Illegal Working: Right-to-Work Checks

Every UK employer is responsible for preventing illegal working. Conducting a right-to-work check before employment commences is crucial. Employers can establish a statutory excuse to defend against fines from the Home Office. The type of check depends on the employee’s circumstances. Our employment team provides guidance on the appropriate check method for each situation.

Comprehensive Training for Compliance

Our employment lawyers offer a range of training to ensure businesses adhere to complex immigration rules:

Understanding application processes, conditions, and limits of different immigration routes.
Right-to-work procedures.
Prevention of illegal working.

Our experts equip you with the knowledge required to navigate these regulations confidently.

Conclusion

Maintaining Home Office compliance is a necessity for businesses in the UK. At Davenport Solicitors, we go beyond the norm, providing expert guidance, audits, and training to elevate your compliance efforts. For comprehensive assistance in navigating the intricate world of immigration compliance, contact our office or request a call back today. Your journey to compliance begins with us.