International Organization for Migration (IOM)

date with the latest changes and policy guidance. 113 Civil penalties for employing a
worker illegally can be issued on a sliding scale up to the value of £10,000 per illegal
worker. 114 Hence, sponsoring employers must ensure that a migrant worker is legally
allowed to do the job and has the right registration or professional accreditation
where needed by law. If a migrant worker has a time limit on their stay in the United
Kingdom, the employer must check at least every 12 months that he/she continues
to be eligible to stay in the United Kingdom and is complying with any restrictions
placed on the visa. Sponsoring employers must also keep a copy of the registration
document or certificate and make it available to the UKBA on demand. Sponsors
who meet all requirements and responsibilities and whose migrant employees conform
to immigration rules are rated as ‘A’ sponsors by the UKBA. Sponsors who require
improvements to some aspects of their policies or track record can demonstrate that
they are putting in measures for improvement are rated as ‘B’ sponsors. Employers in
breach of legal migration channels face having their sponsorship licence downgraded
or withdrawn and having their reputation as an employer damaged.
As noted above, the UKBA plays a key role in information dissemination regarding
legal migration through its website. Some employer organizations play a role in
information dissemination regarding legal migration channels. One example is
a compilation of information on the ‘right to work’ compiled by National Health
Service (NHS) Employers, providing practical information on issues that NHS
organizations need to be aware of in the appointment and ongoing employment
of individuals in the NHS (NHS Employers, 2012). 115 Organizations such as the
Engineering Employers’ Federation (EEF) also provide information and guidance
on migration. The Chartered Institute for Personnel Development (CIPD), serving
human resources (HR) professionals, also provides Internet links to guidance on
migration and organizes seminars and other events on a range of topics, including
migration. Issues of migration are also covered in the trade press. 116
Combating irregular migration and irregular working
To complement the onus on employers to ensure that they employ migrant workers
legally, the United Kingdom government has emphasized upstream border control
and use of technology to ensure that only those with genuine permission to enter the
United Kingdom are admitted. 117 The e-Borders programme checks passenger data
113 Case study research is currently being sponsored to gain more insight into the costs incurred by
employers in dealing with changes to the PBS.
114 In the period from the start of the civil penalty regime in February 2008 to the end of October 2011, the
UKBA issued 6,767 civil penalties to employers and collected over £16.3 million in penalty payments.
115 This document covers the following topics: avoiding racial discrimination, the PBS, right to work
documents, employing EEA nationals, employing Turkish workers already residing in the United
Kingdom, sponsorship licence system or work permits, resident labour market test, visas, refugees and
asylum-seekers, what to do when an applicant has no right to work, validating the documents, copying
and storing, and further information.
116 For example, Personnel Today for HR managers.
117 The United Kingdom is not a member of the Schengen Area and so it retains its national border
controls.
country studIes – UNITED KINGDOM
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