The UK Government has announced new steps aimed at reducing net migration by addressing skills shortages in key sectors. The Migration Advisory Committee (MAC) has been asked to monitor sectors that have historically relied on international recruitment, such as IT and engineering, with a view to improving workforce planning and skills investment in those sectors. Employers are to be encouraged to train UK workers to fill skills gaps rather than defaulting to international recruitment.
In addition, the Home Office have promised to increase their enforcement activities, compliance visits of businesses that holds sponsor licences and employers suspected of engaging migrant workers without the required permission to work..
For more detail on these announcements, see here.
The latest Immigration Enforcement Data (for the second quarter 2024) shows a marked increase in enforcement activity. The number of illegal working penalties issued has risen significantly, confirming that the government already has an appetite for cracking down on illegal employment. Similarly, the Sponsorship Transparency data for the same period reveals a growing number of sponsor licence suspensions and revocations for non-compliance.
Given these recent announcements by the Home Office, we can only expect these trends to continue.
All employers, but particularly those in sectors which rely heavily on international labour, should ensure that they are compliant with their duties under immigration (and indeed all other employment) legislation. Non-compliant employers subject to enforcement action face the risk of penalties of up to £60,000 per illegal worker, licence suspension or revocation and, in severe cases, closure of business premises, disqualification of directors, and criminal charges, not to mention severe reputational damage.
Employers should ensure they have processes for ensuring continuous compliance with their duties to prevent illegal working by conducting right-to-work checks, and - for those which hold a sponsor licence - discharging their sponsorship duties. Members of staff with responsibility for these areas should receive appropriate training, and we recommend employers conduct regular audits of their processes and records to ensure compliance and identify as early as possible any areas which may need improvement.