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 Correct immigration approval is vital if you employ staff from outside the EEA. Get it right with our essential guide.
The most important part of the hiring or movement of employees internationally is the immigration approval, get this wrong and the outcome can be very serious for both employee and employer. It's extremely important to recognise that each specific country will have its own system of immigration approval.
Authors:
Alan Marshall, managing director, Global HR Consultants
Darren Faife, Dearson Winyard International, a leading work visa and immigration specialist firm based in London.
Topic: Immigration process
WHEN TO USE THIS GUIDE
Are you considering:
• Hiring new employees from outside of the EEA into the UK
• Transferring employees from overseas entities outside the EEA in to the UK
• Hiring employees already in the UK but requiring immigration approval
What you need to know and what you need to do
1. Immigration approval has always been a hot topic for the international HR manager with ever changing rules and regulations as countries tighten up their approach to allowing foreign nationals to enter for work purposes.
2. On 29 February 2008, Section 15 of the Immigration, Asylum and Nationality Act 2006 placed obligations on employers to assist in the prevention of illegal working.
The legislation contains two seperate offences:
• A system of civil penalties for those who employ an illegal worker without having a 'statutory excuse'.
• A criminal offence of knowingly employing an illegal worker.
The latter offence is one that is unlikely to be faced by yourselves, but it will be essential to implement a system to achieve the statutory excuse should the former situation arise.
In addition, the UK Border Agency (UKBA) has confirmed that a system that satisfies the statutory excuse will be a requirement to gain Grade A status under the Sponsor's register of the impending Points Based Scheme (PBS).
If such a system is not administered, employers may be given Grade B status with a time limited action plan to achieve the required standards. It should be noted that Grade B status is only given on a temporary basis and if employers are unable to reach the requirements of Grade A, they will be removed from the register altogether and will no longer be able to sponsor work permit holders in to the UK.
3. The civil penalties that could be levied under this legislation include:
• A fine of up to £10,000 per illegal worker
• Down-grading or exclusion from the PBS Sponsor’s Register, removing the ability to sponsor work permit holders into the UK
• Negative media coverage
4. To achieve the statutory excuse, a “full check” of employees must be undertaken. A full check shall be considered to have been conducted where:
• The employer can provide copies of certain documents, for all relevant employees
• Follow the specified steps within the Codes of Practice (i.e. checking for falsity or impersonation were taken when checking these documents)
• Where migrant workers are concerned, a follow-up check must be carried out at least once every 12 months to retain the excuse
5. An action plan is essential.
In order to achieve the statutory excuse and ensure protection against the legislation or any potential sanctions under the PBS, it will be essential to:
• Establish and implement a centralised and systematic company-wide policy of verifying, copying and retaining copies of all UK resident worker passports (or alternative evidence as detailed within the Codes of Practice)
For all migrant workers, in addition to the above:
• Actively track these employees utilising a defined system or database
• Conduct personal audits with each affected employee at least every 12 months
• Have this documentation available for BIA inspection
6. An action plan – recommended.
In addition to establishing an audit process for all new joiners, it's recommended that the company identifies the existing migrant worker population to ensure the requirements of Section 8 of the Immigration, Asylum and Nationality Act 1996 are being met. This will be achieved by:
• Identifying current non-EEA national employees and ensuring relevant document copies were taken at the time of hire
• Auditing any employees whose document copies were not taken
• Conducting a sample analysis of those noted as EEA-Nationals, to establish the integrity of the data currently held
As detailed earlier, a full check, track and audit system will be a condition of gaining “Grade A ” status as a Sponsor under the PBS. Any diluted form of auditing procedure would therefore be redundant, despite the inferences made within the Codes of Practice.
EXPECTED OUTCOMES | RESULTS
• Successful immigration approval process
• Maintain Grade A status
• Remain legally compliant
• Avoidance of financial and other penalties
FOR MORE INFORMATION
Dearson Winyard International and Global HR Consultants have experience in providing services to achieve successful immigration approval and movement of employees internationally.
GLOBAL HR CONSULTANTS
Global HR Consultants
Contact: Alan Marshall
T: 01325 339058
E: enquiries@globalhrc.co.uk
www.globalhrc.co.uk
www.expatexpert.co;.uk
Global HR Consultants can assist you in a variety of ways from creating cost effective and competitive people-friendly policies to searching and selecting software solutions for a variety of HR administration applications. In addition, creative training services are available to provide your staff with the skills required to ensure your greatest assets are protected.
This organisation also incorporates www.expatexpert.co.uk to provide a friendly and efficient help service whether simple or complex in this highly specialised and demanding HR area.
DEARSON WINYARD INTERNATIONAL
Dearson Winyard International
Contact: Darren Faife
T: 0870 990 9955
E: ukinfo@dwiglobal.com
www.dwiglobal.com
Dearson Winyard International is a specialist company that offers corporate clients intending to employ overseas nationals, comprehensive advice and guidance on the international rules and regulations relating to UK work permits, visas and immigration.
Our advisors are skilled and experienced in the interpretation and operation of the very latest immigration and work permit policies and practices. This enables us to thoroughly explore every available option before offering any recommendation.
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