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Penalties for Employing Illegal Workers: Restaurant Manager Faces a 7-Year Ban
In a recent case highlighting the severe consequences of non-compliance with immigration laws, Ikbal Hussain, the proprietor of Taste of Raj, an Indian restaurant in Hertfordshire, has been issued a seven-year ban on serving as a company director. This sanction arises from his employment of three undocumented workers from Bangladesh, uncovered during a raid by Immigration Enforcement officers in 2020.
Hussain’s failure to conduct mandatory right-to-work checks facilitated the unlawful employment, breaching the Immigration, Asylum, and Nationality Act 2006. Such misconduct not only contravenes legal statutes but also undermines the integrity expected of company directors.
Kevin Read, Chief Investigator at the Insolvency Service, has underscored the gravity of the violation, highlighting its detrimental implications. Additionally, Suran Padiachie from the Home Office Immigration Enforcement has reiterated the commitment to combating illegal employment practices, affirming a collaborative approach with agencies such as the Insolvency Service.
The severity of the penalty serves as a caution to business proprietors, as maintaining legal compliance not only protects against exploitation but also ensures equitable opportunities for lawful workers and enhances public confidence.
The case of Ikbal Hussain underscores the repercussions of non-compliance with immigration laws and the responsibility expected from individuals in positions of corporate leadership. As enforcement measures escalate, adherence remains crucial for businesses operating within the UK legal framework.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.
Skilled Worker Changes | Effective April 2024
The changes to the Skilled Worker route coming into force from April 2024 will severely affect skilled workers, employers, and the UK’s ability to attract and retain talent globally.
The changes to the Skilled Worker route coming into effect from the 4th April 2024 are surmised below:
Skilled Worker
- The Skilled Worker minimum salary thresholds are increasing as follows:
- Option A (most applicants): from 26,200 – 38,700 GBP
- Option B (relevant PhD): from 23,800 – 34,830 GBP
- Option C (relevant STEM PhD): from 20,960 – 30,960 GBP
- Option D (shortage occupation list / Immigration Salary List): from 20,960 – 30,960 GBP
- Option E (new entrants) from 20,960 – 30,960 GBP
- The ‘going rates’ for individual SOC codes will be increasing.
- The 20% discount to the going rate for shortage occupation (Option D) will be removed. The 10% discount for relevant PHDs (Option B), the 20% discount for STEM PhDs (Option C)and the 30% discount for new entrants (Option E) will be retained.
- The current Shortage Occupation List under Option D will be replaced with an Immigration Salary List, a more restrictive list of SOC Codes.
- From the 4th April, supplementary work will be permitted in any role that would meet the skill level for sponsorship.
Skilled Workers (Health Care)
- The adjusted general thresholds will apply to Health and Care Visas from 4th April:
- Option F (most applications): from 26,200 – 29,000 GBP
- Option J (new entrants): from 20,960 – 23,200 GBP
Assignment Of A Certificate Of Sponsorship Before 4th April
Skilled workers who already hold permission under the route, or have a CoS assigned to them before 4th April 2024, will not be subject to the new salary thresholds and different rules will apply.
Existing Skilled Workers will only be affected by the change in Rules when they make a further application under the route, for example, when they are extending their Skilled Worker visa, or are making a change of employment application.
How Our Immigration Solicitors Can Help
Our Solicitors are experienced in all aspects of sponsorship and preparing Skilled Worker route applications. If you require advice, our team would be happy to have a discussion with you.
If you or your connections require legal advice, please contact Jayesh Jethwa or fill out our enquiry form below.
Some of Our Sponsored Workers Work From Home: Should we Notify the Home Office?
The shift to hybrid working after COVID-9 had prompted many employers to continue to allow their employees to work from Home. For sponsored workers, this raises questions as to whether their work location would affect their immigration status, and whether an employer needs to inform the Home Office accordingly.
The UK Home Office policy requires an employer to inform them of any changes to a sponsored worker’s normal work location as per the Certificate of Sponsorship (CoS). It is crucial for an employer to notify the Home Office particularly where the work arrangement deviates from the original CoS. Whether a sponsored worker is transitioning to remote work on a permanent or part-time basis, or adopting a hybrid working pattern, it is mandatory to keep the Home Office informed via the SMS system.
According to the Sponsor Guidance, employers must notify the Home Office if:
- The worker is working at a different site, branch, or office of the organisation, or a different client site, not previously declared.
- The worker is working remotely from home on a permanent basis, with little or no need to physically attend a workplace.
- The worker has moved or will be moving to a hybrid working pattern.
- Attending one or more of the employers’ offices, branches, or client sites.
It is important to note that day-to-day changes in an employee’s work location, such as occasional visits to a different branch or working from home sporadically, do not require reporting to the Home Office. The focus of the guidance is to communicate changes to the workers regular working patterns to ensure compliance with the immigration regulations.
Failure to comply with the Sponsor Guidance including changes to a worker’s work location can result in compliance issues and in severe cases jeopardise the employer’s sponsorship licence and the workers immigration status. It is imperative for employers to prioritise adherence to their compliance obligations. Failure to comply with sponsorship duties can lead to legal repercussions.
In the era of remote work, employers must manage their obligations under the immigration system whilst accommodating the needs of their workforce. Effective communication and a collaborative approach between employers, worker’s and the Home Office underpinned by sound legal advice are essential for adhering to the complexities of UK immigration law.
Quastels Corporate Immigration team are highly experienced in advising on UK visa matters. If you have any questions arising from this article, do not hesitate to contact us at corporateimmigration@quastels.com