In politics, a year is a very long time. Since this article appeared on The HR World we have seen new governments take power in the UK and US.
In the UK, immigration has played a major role. In the US Immigration is defining.
The questions raised by this article remain relevant and open for answer.
Lack of skilled workers and talent is a major issue in the present. Starmer’s Government has made much noise about the importance of skills. However, it will take some time before any of their initiatives have an impact. What will employers do in the interim?
Immigration and skills have always been a delicate balance. On one hand, there are calls to give UK jobs to UK workers. On the other hand, there seem to be certain jobs that UK workers don’t want to take. Could this be made worse by the new minimum wage and living wages?
The Devil is in the Detail, as we are forced to say at this time. It may be right to restrict the use of temporary employees, block or tighten controls on immigrants, but is it cost-effective for business?
Immigration is a topic that is high on the agenda of both HR and politics. It is also a subject that is complex and important to ensuring the organisation has the necessary skills.
Here, Yash dubal, director, A Y & J Solicitors, explores the practicalities.
Immigration is a hot topic. Not only politicians, but everyone has an opinion. Immigration was a hot topic at the recent Conservative Party Conference, where senior politicians made a number of proposals designed to reduce the number of people who come to the UK for work, study or to live.
It remains to be determined whether any of these proposals become law. Conservative politicians will play to their audience by using hardline rhetoric, especially with the general election scheduled for 2024. Last year Net Migration was 606,000. This is a record, and much higher than Rishi Sunak’s target of 250,000. This figure should, however, be viewed with caution, since it was boosted by special schemes for Ukrainian refugee and British National Overseas holders from Hong Kong.
Employers are looking for ways to fill vacancies that are difficult to fill, while the government struggles to reduce the number who come to the UK as part of our liberal post Brexit points-based system. The HR system is complex and frustrating for those who enter this area.
Visas: a question of concern
First, not every job qualifies for a visa. Employers will primarily use the Skilled Worker Route. This route is open to hundreds of positions, from security officers, youth workers, paramedics and IT technicians, all of which are eligible. These roles are not subject to a resident labour test, so employers don’t have to first offer them to local workers. Many other jobs with lower levels of skill are also eligible for work permits under the scheme that classifies shortage occupations. The vacancy rates are particularly high in these professions. On the list of shortage occupations are senior care workers (also known as “senior caregivers”), web designers and engineers, and managers in health services.
Employers must follow the Home Office’s process to hire anyone with a skilled worker Visa. First, an organisation must be approved for a sponsor license. To be granted a sponsor license, an organisation or business has to meet certain requirements. The company must be a genuine legal business in the UK, either as a PLC, Ltd, LLP, or as owners, managers, and directors. The applicant must not have any criminal convictions that are still pending for immigration offenses or other crimes such as money laundering or fraud. In the past 12 months, an organisation’s sponsor licence cannot have been revoked. The organisation must also have systems in place that monitor sponsored workers, and manage sponsorship.
The UK Government’s website lists the supporting documents that must accompany a request for a sponsor license. UK Visas and Immigration, a division of the Home Office reviews applications and may visit businesses to ensure they are reliable and capable of performing their duties.
A sponsor license allows an organization to issue a Certificate of Sponsorship (CoS) which allows a worker to apply for skilled worker visa. It is the responsibility of the employer to ensure that the worker has the required skills, qualifications or accreditations for their job.
This process can be time-consuming and place an administrative burden on the business, especially if it is a small business or if a job application initially fails because of omitted documents or incorrect answers. It is particularly frustrating when organisations want to fill vacancies as quickly as possible. Many organisations use qualified legal professionals for visa issues.
Duty to comply
After a CoS is issued, and the worker has a visa, and begins working, the employer has a continuing duty to meet certain requirements with respect to the worker. This includes keeping records, and notifying the UKVI about any changes in circumstances. The consequences of breaking the rules are serious, especially at a time when the government is increasing compliance visits to crackdown on illegal workers.
Since the beginning of the year, there has been an 50% increase in raids by the Home Office and compliance visits to businesses suspected of hiring undocumented employees and a tripling in fines for those who are found guilty.
Employers are responsible for ensuring that they do not fall victim to fake documents or dishonest statements. Employers who accidentally hire illegal migrants or fail to conduct the necessary checks are not given much leniency. The fines can reach up to PS20,000 for each illegal worker. Next year, the fine will increase to a maximum of PS60,000 per employee. The public is made aware of the names and shames of those who violated the law.
In order to stay within the law, the employer must validate, record, and verify all documentation that is required by the Home Office in order to confirm that the employee has the right to work legally in the UK. Sponsors must notify the Home Office if someone violates their visa conditions.
Incorrect document checks
Document checks are often not done correctly by employers. Reviewing all required identification and right to work evidence is crucial, but it’s important not to make assumptions based on the candidate’s accent or appearance. Often, discrepancies in names or photos across documents can be a red flag. The documents must be stored correctly to comply with GDPR. When checking an original document, it is important to pay attention to the security features like watermarks and holos to make sure that documents are authentic. The physical document check should be authenticated by taking copies and signing and dating the copy.
Organisations should also record and keep track of the validity period for visas and work permits. The validity of most visas is limited. If an overseas worker works after their visa expires, then the employer has broken the law. It is recommended to conduct periodic re-checks.
Keep up with the latest news
Also, it is always best to stay up-to-date with the latest rules and requirements. The UK’s eligibility requirements for visa rules can change. It is important to keep up-to-date with current legislation.
Even businesses that are innocent and not directly involved can be drawn into negative headlines when their contractors don’t follow the rules. Sainsbury’s, for instance, was mentioned by several media outlets, including BBC, in August of this year when it was reported a man had been jailed six years for recruiting illegal migrants to work as cleaners at supermarkets. He used workers with false identities, and falsified their bank statements. The supermarket was not involved in his crimes but unfortunately it became entangled. Unfortunately, this is inevitable. However, with the right procedures in place, businesses that are legitimate should not have to worry and can protect their reputation even under Home Office scrutiny.
It may seem difficult to comply with the Right to Work regulations, but if organisations follow the right procedures and complete all necessary paperwork, they can hire UK and international talent in confidence.
This article was originally published on: 14 November, 2023
