Latest Posts

Digital Compliance Checks for Sponsor Licence Applications: How Quastels Can Assist

As the UK’s immigration landscape evolves, digital compliance checks have become a crucial part of sponsor applications. These checks ensure businesses sponsoring foreign talent comply with strict Home Office guidelines. For many organisations, the process can be daunting. At Quastels, our refined expertise to immigration law provides tailored support to help businesses navigate these challenges.

The Growing Importance of Digital Compliance

The Home Office has increased scrutiny of sponsor licence applications, resulting in more refusals and compliance checks. This is to ensure only compliant businesses are granted sponsorship privileges. Without preparation, organisations risk application refusals or enforcement actions, including audits and licence suspensions.

Digital compliance reflects the UK Government’s aim to streamline immigration while maintaining high standards. Applications must demonstrate robust systems for managing sponsorship duties, including record-keeping, right-to-work checks, and reporting obligations. Non-compliance can lead to penalties, including licence suspension or revocation. Expert guidance is essential.

At Quastels, we understand these challenges. Our expertise ensures your application meets the highest standards.

Why Choose Quastels for Sponsor Licence Compliance?

Quastels delivers a highly personalised service, focusing on each client’s unique needs. Whether you are a start-up bringing in global talent or an established business expanding your workforce, we offer bespoke solutions.

Trusted Expertise

Our immigration lawyers have extensive experience across industries. We stay ahead of regulatory changes, ensuring our advice aligns with the latest Home Office standards.

Comprehensive Services

We work closely with clients to address compliance risks. Our services include:

• Pre-Application audits: Reviewing internal systems to identify gaps and ensure readiness.
• Policy Development: Drafting and implementing policies for sponsor duties like record-keeping.
• Training and Guidance: Equipping HR and compliance teams to manage obligations effectively.
• Application Preparation: Managing documentation and liaising with the Home Office.

Proactive Problem-Solving

We also resolve compliance issues, including responding to Home Office queries, managing audits, and safeguarding licence status.

Partner With Quastels

Digital compliance checks are a critical part of sponsor licence applications. At Quastels, we make the process seamless. By leveraging our expertise, businesses can focus on growth and innovation while we handle compliance complexities.

If you’re applying for a sponsor licence or need compliance support, contact Quastels today. We’re here to guide you every step of the way, ensuring your business meets digital compliance demands with confidence.

Read More

Right to Work Checks in the UK: A Rising Focus on Compliance Audits

The UK’s immigration landscape has seen significant changes in recent years, particularly in the realm of Right to Work (RTW) checks. The increased focus on compliance audits by the Home Office reflects the government’s drive to tighten immigration controls and ensure that businesses are not employing illegal workers. For employers, this shift places greater emphasis on rigorous adherence to RTW obligations, with failure to comply carrying potentially severe consequences.

Understanding Right to Work Checks

The Right to Work check is a statutory duty for employers to verify that their employees have the legal right to work in the UK. The aim is to prevent illegal working and reduce the incentives for people to enter or remain in the UK unlawfully. Employers must carry out these checks before an employee starts work and follow a prescribed process to avoid liability for any breaches.

The key steps in a RTW check include obtaining original documents from an approved list (such as a passport, visa, or biometric residence permit), checking that the documents are valid and belong to the individual, and making copies to keep on file. Since April 2022, many checks have moved to an online system, particularly for individuals holding biometric cards or settled status under the EU Settlement Scheme. For British and Irish nationals, manual checks remain an option, but the introduction of certified identity service providers (IDSPs) allows for digital verification as well.

The Increasing Scrutiny of Compliance Audits

The rise in compliance audits is an indication that the Home Office is taking a more proactive stance on monitoring RTW practices. Compliance audits are typically unannounced visits where immigration officers assess an employer’s records to ensure they are fulfilling their RTW obligations. These audits can result in significant penalties if businesses are found to be non-compliant, including civil fines of up to £20,000 per illegal worker and criminal liability in cases of intentional non-compliance.

Since Brexit and the end of free movement for EU citizens, there has been a marked increase in these audits as the Home Office seeks to clamp down on illegal working. With EU workers now needing immigration status, many businesses have struggled to adapt to the new processes, making them more susceptible to non-compliance.

The Role of Technology in RTW Compliance

The shift towards digital RTW checks has been a double-edged sword for many employers. On the one hand, the online systems, including the Home Office’s Employer Checking Service, have streamlined the process and reduced the risk of human error. On the other hand, the complexity of the system, combined with frequent updates to immigration rules, has left some employers unsure of their obligations, increasing the risk of compliance failures.

The rise in the use of IDSPs also means that companies can now outsource some aspects of RTW checks, but this does not absolve them of responsibility. The legal liability remains with the employer, meaning businesses must carefully select their service providers and ensure robust internal procedures remain in place.

Preparing for Increased Audits

The best way for employers to prepare for potential audits is by adopting a proactive approach to compliance. This includes conducting regular internal audits of their RTW processes, ensuring that all staff responsible for RTW checks are properly trained, and staying up-to-date with changes in immigration law and Home Office guidance. Clear record-keeping is crucial, as is conducting follow-up checks on employees with time-limited work permission.

Increased compliance audits should be seen as an opportunity to review and strengthen internal procedures. By ensuring robust RTW practices, employers can protect themselves from penalties and contribute to broader efforts to tackle illegal working in the UK.

Conclusion

In conclusion, the heightened focus on compliance audits highlights the importance of adhering to RTW obligations. Employers must be vigilant and prepared for the possibility of an audit, ensuring that they follow the correct procedures and maintain accurate records. As the Home Office intensifies its efforts to enforce immigration law, businesses must stay compliant to avoid costly penalties and reputational damage.

If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.

Read More

SDLT Savings for Pre-Settled Status Holders in the UK Property Market

For individuals holding pre-settled status under the EU Settlement Scheme, purchasing property in the UK may offer distinct financial advantages, particularly regarding Stamp Duty Land Tax (SDLT).

One of the most significant benefits is the potential to mitigate the additional 2% SDLT surcharge applied to non-UK residents. This exemption can represent substantial savings, particularly in high-value transactions, and provides pre-settled status holders with a financial edge in the competitive UK property market. Unlike other foreign buyers, those with pre-settled status could be treated as UK residents for SDLT purposes provided that they have spent 183 days in the UK in the year before completion. This will assist in reducing overall costs and allowing more capital to be directed towards the purchase or investment. If you don’t quite make up the 183 days before completion, you can claim a refund of the 2% payment if you spend 183 days out of a period of 365 days in the UK in the first year after your completion date.

This advantage, combined with the stability pre-settled status offers in accessing competitive mortgage products and navigating legal requirements, makes it an attractive position for property buyers. However, expert legal advice is essential to ensure eligibility and compliance with SDLT rules, safeguarding these savings while streamlining the purchasing process.

For those with pre-settled status, understanding and leveraging this exemption can be a pivotal step towards securing a future in the UK property market while minimising costs.

If you require immigration advice, please contact Jayesh Jethwa using the form below. If you require residential real estate advice, please contact Meera Malde using the form below. 

Read More