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Ongoing Immigration Compliance
The UK Border Agency monitors Tier 2 Sponsors through Compliance Audits & Checks. If an employer is operating at a level deemed below the required standard the Company’s license may be downgraded or withdrawn. If the issue is serious enough a civil or even criminal prosecution may be brought against the sponsor.
At Commonwealth Contractors we partner with OISC Immigration Firms that specialise in professionally representing employers under Tier 2 of the Points Based System (PBS). Our partners can undertake independent Immigration Compliance Audits and even provide representation for an Employer who is due to receive a UKBA Compliance Audit.
For more information call now on 0800 294 4388 or Submit your Details & we will get back to you.
Civil & Criminal Penalties
Civil Penalties: Where a Tier 2 Sponsor has broken the law through negligence or inferior employment practices the UK Border Agency may seek to bring a Civil Penalty (maximum fine £10,000).Criminal Penalties: Where a Tier 2 Sponsor knowingly employs migrants illegally the UK Border Agency may bring a Criminal Conviction. Penalties include a maximum 2 years in prison and / or an unlimited fine. The sponsor may also be disqualified from being a company director or officer and may be barred from forming or managing another company.
Tier 2 Record Keeping
Tier 2 Sponsors must keep full records for all sponsored migrants in order for the UK Border Agency to ensure Immigration Compliance. Negligence or Inferior practices may result in a Civil Penalty & the downgrading or a license. Documents & Records Include:- Up to date contact details for the sponsored migrant
- Photocopies or scans of the workers Passport showing the entitlement to work
- Copies of ID Cards (where appropriate)
- All recruitment related records, e.g.:
- Advertising Copies
- Recruitment Agency Details (where appropriate)
- Resident Labour Market Search Results
- CV, Degree Copy, Professional References, Licenses & Professional Registrations, English Language Test Certificates
- Employment Contracts
- Service Contracts
Tier 2 Reporting Duties
Sponsors are required to report to the UK Border Agency where:- A Migrant does not turn up for their first day of work: Sponsors must report absences to the UKBA within 10 working days
- Employment is Terminated: Termination of employment must be reported within 10 working days and full details of the new employer should be provided if known
- The Employer stops sponsoring the Migrant: Must be reported within 10 working days
- Changes to circumstances: Changes to circumstances include; a change of salary or job title, location of employment, any information which suggests the worker is in breach of his or her conditions of leave
Withdrawn Licenses
Where a Tier 2 License is withdrawn the company will not be able to sponsor any other non EEA nationals. Employees either have their Leave to Remain curtailed to either 28 days or 60 days.28 day Leave to Remain: Workers are not allowed to find alternative employment and must leave the country within 28 days. This type of leave is given to those workers complicit in the offence
60 day Leave to Remain: Workers are allowed to find alternative employment with another Tier 2 Sponsor. If a new sponsor cannot be secured the migrant will be required to leave the country
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