Understanding Civil Penalties for Illegal Working In UK: A Guide for Employers and Workers

Illegal working is a pressing issue in the UK, and it is essential for both employers and employees to understand the legal implications involved. The primary legislation governing this area is the Immigration, Asylum and Nationality Act 2006. This law outlines the responsibilities of employers in verifying the right to work of their employees and the penalties for failing to comply.

Under the Immigration, Asylum and Nationality Act 2006, employers must conduct “right to work” checks before hiring any employee. This involves verifying that the individual has the legal right to work in the UK by examining specific documents. Acceptable documents include a valid passport, a biometric residence permit, or other official documentation that confirms a person’s immigration status.

If an employer fails to perform these checks and is found to have employed someone without the right to work, they can face civil penalties. The Home Office has the authority to issue a civil penalty notice, which can result in fines of up to £20,000 for each illegal worker employed. The amount of the fine can vary based on several factors, including the number of illegal workers, the employer’s history of compliance, and the level of cooperation during the investigation.

To protect themselves from penalties, employers should maintain thorough records of the right to work checks they perform. This includes keeping copies of the documents used to verify an employee’s status. If an employer can demonstrate that they conducted the necessary checks, they may be able to avoid penalties even if an employee is later found to be working illegally.

For workers, understanding their immigration status is crucial. Working without the proper authorization can lead to severe consequences, including removal from the UK and a ban on re-entry. Individuals should seek legal advice if they are uncertain about their right to work.

the legal framework surrounding illegal working in the UK emphasizes the importance of compliance for employers and awareness for workers. By adhering to the provisions of the Immigration, Asylum and Nationality Act 2006, employers can protect themselves from significant financial penalties, while workers can avoid the risks associated with unauthorized employment. If you have further questions or need assistance, Kash Legal Services  is here to help you navigate these complex issues.

How to Apply for a UK Student Sponsor License

Applying for a Student Sponsor License is essential for educational institutions in the UK that wish to recruit international students.

To begin, it’s important to understand the eligibility requirements, which include being a registered educational provider and meeting the standards set by UK Visas and Immigration (UKVI). Institutions must also appoint key personnel, such as a Student Sponsor Licence Authorising Officer and a Level 1 User, to manage the sponsorship process.

Next, gather the necessary documents, including proof of registration, details of key personnel, and evidence of your student recruitment and monitoring systems.

Once you have everything ready, create an account on the UK government website and complete the online application form, ensuring that all information is accurate and up-to-date.

After submitting the application and paying the required fee, be prepared for a compliance visit from UKVI, where they will assess your institution’s ability to meet the sponsorship requirements.

Finally, wait for the decision on your application; if approved, you will receive your Student Sponsor Licence, allowing you to sponsor international students.

If you have any questions or need assistance during this process, KASH Legal Services is available to help guide you through each step, ensuring a smooth application experience.

A Simple Guide to Obtaining a UK Charity Worker Sponsor Licence

If you are a charity organization in the UK and want to bring voluntary workers from abroad, you will need a Charity Worker sponsor licence. This licence allows you to sponsor individuals who want to come to the UK to work for your charity. Here’s a simple guide on how to apply for this licence.

What is the Charity Worker Route?

The Charity Worker route is designed for people aged 18 or over who want to volunteer for a recognized charity in the UK. The work they do must be unpaid and should directly help the charity achieve its goals. For example, if your charity helps homeless people, the volunteer could work directly with them. However, tasks like fundraising or administrative work that does not directly support the charity’s mission are not allowed under this route.

Steps to Apply for a Charity Worker Sponsor Licence

  1. Check Eligibility

Before applying, make sure your charity meets the following criteria:

  • You are a registered charity in the UK.
  • Your charity is recognized by the Home Office.
  • You have a clear charitable purpose and can demonstrate how the volunteer work will support this purpose.
  • Prepare Your Documents
  • Gather the necessary documents to support your application. This may include:
  • Proof of your charity’s registration.
  • Details about the work the volunteer will be doing.
  • Information on how the work contributes to your charity’s goals.
  • Complete the Application Form

You will need to fill out an online application form. This form will ask for information about your charity and the work you plan to offer to the volunteer. Make sure to provide accurate and detailed information.

  • Pay the Application Fee

There is a fee for applying for a sponsor licence. Check the current fee on the official UK government website. Make sure to pay this fee when you submit your application.

  • Submit Your Application

Once you have completed the form and paid the fee, submit your application. You will receive a confirmation that your application has been received.

  • Wait for a Decision

After you submit your application, the Home Office will review it. This process can take several weeks. They may contact you for more information, so be ready to provide any additional details they may need.

  • Receive Your Licence

If your application is successful, you will receive your Charity Worker sponsor licence. This licence will allow you to sponsor volunteers to come to the UK to work for your charity.

Applying for a Charity Worker sponsor licence is an important step for charities that want to bring in voluntary workers from abroad. By following these simple steps, you can ensure that your application is complete and has the best chance of being approved. Remember, the work must be unpaid and directly related to your charity’s mission. Good luck with your application!

If you have any questions or need assistance with the application process, feel free to contact Kash Legal Services for help. We are here to support you!

Understanding the UK Immigration Dimensions of the New UK Employment Rights Bill

The new UK Employment Rights Bill is an important document that addresses various issues related to workers’ rights, particularly focusing on immigration and the protection of migrant workers. Many migrant workers have faced serious exploitation in industries such as agriculture and adult social care. This exploitation has often been allowed by past government policies that took advantage of vulnerable workers. The new Bill seeks to change this by introducing measures to protect all workers, especially those from abroad.

One key aspect of the Bill is strengthening workers’ rights. It ensures that all workers, including migrants, have equal rights and protections, meaning they cannot be unfairly treated or exploited by their employers. Additionally, the Bill proposes improved enforcement mechanisms to make sure that labor laws are upheld. This means that employers who violate the rights of workers, including migrants, will face penalties.

Another important dimension is the better access to resources for migrant workers. They will have more information available about their rights and how to report any violations. The Bill also includes protections against retaliation for workers who report exploitation, which is particularly crucial for migrants who may fear losing their jobs or facing deportation.

The Bill specifically targets sectors known for high levels of exploitation, such as agriculture and social care, aiming to create safer working environments for migrant workers in these industries. Overall, the new UK Employment Rights Bill represents a significant step forward in protecting the rights of all workers, especially those who have faced exploitation. By strengthening rights, improving enforcement, and providing better access to resources, the Bill aims to create a fairer working environment.

 For more information and support regarding these changes, individuals can reach out to Kash Legal Services, which help workers understand their rights and navigate the legal landscape.

Sponsorship Management- key Personnel

1. Level 1 User: This individual has day-to-day responsibility for managing the Sponsor Management System (SMS) on behalf of the organisation. They can perform a wide range of functions such as assigning Certificates of Sponsorship (CoS), reporting changes of circumstances for the organisation and sponsored employees, and withdrawing a CoS if necessary. Level 1 Users are essential for the operational management of the licence. 2. Authorising Officer: The Authorising Officer is a senior and responsible person within the organisation who is accountable for the actions of staff and representatives who use the SMS. This role involves ensuring the organisation complies with its sponsorship duties and responsibilities. The Authorising Officer is the main point of contact with the Home Office and oversees the use of the licence, making sure that all sponsorship activities are in line with legal requirements. 3. Key Contact: Often the primary point of communication between the sponsor and the Home Office. The Key Contact deals with administrative tasks and correspondence related to the Sponsor Licence but doesn't have access to the SMS like Level 1 or Level 2 users. 4. Legal Representative: An external entity or individual (e.g., a solicitor or immigration advisor) authorised to act on behalf of the organisation in matters related to the Sponsor Licence.

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Skill worker FAQs: Your Questions Answered

What is Skilled Worker Visa?

Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. This visa has replaced the Tier 2 (General) work visa.

What are the eligible criteria for obtaining a skilled worker visa to the UK?

To qualify for a Skilled Worker visa, you must:

  • work for a UK employer that’s been approved by the Home Office
  • have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
  • do a job that’s on the list of eligible occupations
  • be paid a minimum salary – how much depends on the type of work you do

The specific eligibility depends on your job.

You must have a confirmed job offer before you apply for your visa.

How does the point-based system work for skilled worker visa in the UK?

Under the points-based immigration system, with the exception of Irish citizens, anyone coming to the UK for work must meet a specific set of requirements for which they will score points. Visas are then awarded to those who gain enough points.

This system provides flexible arrangements for UK employers to recruit skilled workers from around the world through a number of different immigration routes.

A total of 70 points is needed to be able to apply to work in the UK

Characteristics

Mandatory/Tradeable

Points

Offer of job by approved sponsor

Mandatory

20

Job at appropriate skill level

Mandatory

20

Speaks English at required level

Mandatory

10

Salary of £20,480 to £23,039 or at least 80% of the going rate for the profession (whichever is higher)

Tradeable

0

Salary of £23,040 to £25,599 or at least 90% of the going rate for the profession (whichever is higher)

Tradeable

10

Salary of £25,600 or above or at least the going rate for the profession (whichever is higher)

Tradeable

20

Job in a shortage occupation as designated by the Migration Advisory Committee

Tradeable

20

Education qualification: PhD in a subject relevant to the job

Tradeable

10

Education qualification: PhD in a STEM subject relevant to the job

Tradeable

20

What are the English language proficiency requirements for a skilled worker visa in the UK?

You’ll usually need to prove your knowledge of the English language when you apply, unless you did this in a previous successful visa application.

You must prove you can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale.

You can prove your knowledge of English by:

  • passing a Secure English Language Test (SELT) from an approved provider
  • having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18
  • having a degree-level academic qualification that was taught in English – if you studied abroad, you’ll need to apply through Ecctis (formerly UK NARIC) for confirmation that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD

What is the shortage occupation list and how does it affect skilled worker visa application?

The shortage occupation list is detailed in Appendix Skilled Occupations of the UK Immigration Rules. It comprises those roles deemed by the UK Government to be in short supply within the UK resident labour market, with such roles afforded more relaxed eligibility criteria for sponsored work visa applications.

It is also a skilled job where there is a shortage of workers in the UK.

If your job is on the shortage occupation list, you can:

  • be paid 80% of the job’s usual going rate
  • pay a lower fee for your visa

If your job is not on the shortage occupation list, you will not be eligible to apply for skilled worker visa.

What is the minimum salary requirements for skilled worker visa applicants to the UK?

Your skilled worker role must meet the applicable minimum salary threshold. This is the higher of either:

  • the general salary threshold of £25,600, or
  • the specific salary requirement for their occupation, known as the ‘going rate’

All applicants will be able to trade characteristics, such as their qualifications, against a lower salary to get the required number of points. If the job offer is less than the minimum salary requirement, but no less than £20,480, an applicant may still be eligible if they have:

  • a job offer in a specific shortage occupation
  • a PhD relevant to the job
  • a PhD in a STEM subject relevant to the job

There are different salary rules for workers in certain health or education jobs, and for ’new entrants’ at the start of their careers.

For further information on the ‘going rate’ for specific occupations and further exemptions, see Skilled Worker visa: going rates for eligible occupation codes.

What are the options for family members (partner and children) of skilled workers who wants to join them in the UK?

Your partner and children can also apply to join you or stay in the UK as your ‘dependent’s’ if they’re eligible. They’ll need to complete separate applications.

If your partner or child’s application is successful, their visa will usually end on the same date as yours. If a child’s parents have visas with different expiry dates, the child’s visa will end on the earlier date.

At KASH LEGAL SERVICES, we understand complexities of UK immigration process and committed guiding through every step. We work tirelessly to ensure your immigration experience is as smooth and stress free as possible. To arrange free consultation please feel free to call on 01144000340 or Email info@kashlegalservices.co.uk or visit our website www.kashlegalservices.co.uk.

The information presented in this article is intended solely for providing general knowledge and understanding of the subject matter. It should not be considered as legal advice.

Financial requirement of dependant of skilled worker.

Unless the routs require evidence of adequate maintenance and accommodation, evidence of funds must be made available to support the application unless living in the UK longer then 12 months.

(a) £285 for a dependant partner

(b) £315 for the first dependant child

(c) £200 for any other dependent child

All funds must be held for 28 days in financial institutions as specified in appendix Finances.

Choosing right immigration lawyer can be challenging, at KASH LEGAL SERVICES, we understand complexities of UK immigration process and committed guiding through every step. We work tirelessly to ensure your immigration experience is as smooth and stress free as possible. To arrange free consultation please feel free to call on 01143279654 or Email info@kashlegalservices.co.uk or visit our website www.kashlegalservices.co.uk

The process for obtaining UK skilled worker

The process for obtaining a UK skilled worker visa involves the following steps:

  1. Obtain a valid job offer from a UK employer who holds a valid sponsor license.
  2. Check that your job is on the UK Shortage Occupation List or that your job offer meets the minimum salary threshold of £25,600.
  3. Take an approved English language test and obtain a score of at least B1 in each component.
  4. Obtain a valid certificate of sponsorship from your employer.
  5. Complete the online visa application form and pay the required fee.
  6. Provide biometric information (fingerprints and a photo) at a visa application center.
  7. Attend a visa application center for a biometric appointment, if required
  8. Wait for the decision on your application.

It’s important to note that the process and requirements for a UK skilled worker visa are subject to change and depend on the specific circumstances of the applicant.

Skill worker FAQs: Your Questions Answered

What are the circumstances that will warrant your skilled worker/tier 2 (General) work visa to be updated?

  • If you want to change your job and your new job is with a different employer, your visa needs to be updated.
  • If your job changes to a different occupation code, and you’re not in a graduate training programme, your visa needs to be updated.
  • If you leave a job that is on the shortage occupation list for a job that is not on the list, your visa needs to be updated.
  • If you take a second / additional job that is either more than 20 hours a week in addition to the job being sponsored for or job in a different occupation code, your visa needs to be updated.

Do you need to apply for update if your job is taken off the shortage occupation list?

No! You do not need to apply again if you stay in the same job, but your job is taken off the shortage occupation list.

Will you need to update your visa if you are doing a different job for your current employer?

Yes! If you’ll be doing a different job for your current employer, you only need to apply to update your visa if your new job is in a different occupation code. For example, if Exemplar Health Care Ltd employs you as a Health Care Assistant and you have a valid work visa to that effect. Thereafter, you apply for the role of Human Resource officer within Exemplar Health Care Ltd and you are offered the position, your work visa needs to be updated because you will now be working as Human Resource officer and not Health Care Assistant

made under appendix settlement family life (ten year route to qualify for indefinite leave to remain), usually an “unmarried partner”, which means a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application, however as per guidance durable relationship is to be consider as “For a relationship to be similar to marriage or civil partnership the couple must usually have lived together as a couple (not just as friends) and shown an ongoing commitment to one another. However, in some circumstances there may be evidence of a durable relationship similar to marriage or civil partnership where the couple have not, or currently do not, live together”. Guidance suggest relationship will be assessed in circumstances where partner are living apart for practical reasons.

At KASH LEGAL SERVICES, we understand complexities of UK immigration process and committed guiding through every step. We work tirelessly to ensure your immigration experience is as smooth and stress free as possible. To arrange free consultation please feel free to call on 01144000340 or Email info@kashlegalservices.co.uk or visit our website www.kashlegalservices.co.uk.

The information presented in this article is intended solely for providing general knowledge and understanding of the subject matter. It should not be considered as legal advice.