Home Office Right to Work Checks in the current UK Immigration Climate

Yesterday, we wrote that a Record Number of Right to Rent Checks have been carried out in the UK this year, in an effort to slash the UK’s net migration figure and restrict the number of illegal immigrants in the UK by creating a hostile environment  for those individuals. Similarly, the Home Office has carried out a substantial number of Right to Work Checks in the UK throughout 2017 and it is likely that this will continue to be the case throughout the Brexit process and beyond. It is therefore important that UK employers comply with Home Office guidance and migrants have lawful status in the UK and comply with the terms of their visa. 

What are Right to Work Checks?

The UK Government is publicly making it more difficult for individuals who have no right to be working and  living in the UK by way of Right to Work and Right to Rent Checks. It is important that UK employers comply with the Home Office Right to Work Checks, which were introduced under the Immigration Act 2014, along with Right to Rent Checks. It is the responsibility of the UK employer to carry out document checks on potential workers before employing them, to ensure they have the Right to Work in the UK. It is the duty of businesses and employers to prevent illegal working in the UK and failure to comply with the Right to Work scheme will make employers liable for:

  • a civil penalty of £20,000;
  • a possible custodial sentence of up to 6 months and/or be made to pay an unlimited fine; and
  • Immigration Enforcement Officers will have the power to close premises for up to 48 hours if illegal migrants are employed.

We therefore recommend that you contact our specialist Immigration law firm if you are unsure whether you are compliant with the Home Office Right to Work checks and avoid being penalised.

Right to Work Checks in the current UK Immigration Climate

The UK Government aims to reduce the UK’s net migration figure to the tens of thousands by creating a hostile environment for migrants who are currently in the UK in a bid to make them leave. New Office of National Statistics (ONS) figures have shown that net long term international migration was estimated to be 230,000 in the year ending June 2017, which is down 106,000 since the previous year. Last week, the UK’s Immigration Minister, Brandon Lewis, said that:

“we welcome the ongoing decrease in net migration levels and remain committed to bringing them down to sustainable levels, the tens of thousands”.

It is clear that these circumstances are a large part of the reason for the increased number of Right to Work Checks in the UK. Interestingly, in regard to the Brexit negotiations, there are now questions as to whether Irish citizens living in the UK will lose their right to work in the UK and will therefore have to undergo the same checks and processes as other migrants which further conveys the hostile environment currently in the UK for migrants. Taking all the factors into consideration, it appears that the attitude towards migrants in the UK is unlikely to change during the Brexit process, therefore it is essential that UK employers and migrant workers comply with the Home Office guidance and Immigration Rules to avoid being on the wrong side of the Home Office.

Using Legal Representation to Comply with the Right to Work Checks and Regularise your UK Immigration Status

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Right to Work Checks. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with Right to Work Checks.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with Right to Work Checks.

Successfully Comply with the Right to Work Checks and Regularise your UK Immigration Status

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Work Checks before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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