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In or Out does it matter?
Stefan SosnowskiDirector
30th June 2016 (TLC)
The road is long……
It’s going to take time and will involve many changes
– EU vs UK Law– Trade deals– WTO (World Trade
Organisation)– Human Rights– Free Movement of
people
Free Movement and MigrationMigration of people will change but how?
– Agreement to a restricted free movement linked to trade agreements
– Introduction of a visa system (points based or otherwise)
– Greater non-EU migrants
Until the changes, whatever they are,today’s rules & guidance still apply.
Figures based on ONS reporting
Illegal working civil penalties - penalties issued between 1 January & 30 June 2015
£10,585,000 in the first 6 months 2015 (avg£19,638 per fine) representing 859 illegals
Regions
Number of penalties
Number of illegal
workers found
Value of penalties
issued (£)*
LSE ME NEYH NW SNI WSW
254
405
67
131
52
71
71
92
37
92
58
Key:LSE - London & South East EnglandME - Midlands & Eastern EnglandNEYH - North East England, Yorkshire & HumbersideNW - North West EnglandSNI - Scotland & Northern IrelandWSW - Wales & South West England* This figure is the gross value of penalties issued. The recoverable value will be reduced
due to adjustments made following objections and/or appeals.
68
£870,000£1,677,500£4,995,000 £1,132,500 £835,000 £1,075,000
Illegal working civil penalties - penalties issued between 1 July & 31 December 2015
£21,597,500 for 2nd half of 2015 avg. fine of £17,747 & 1,820 illegals
144% increase in Fines levied vs 1st half 2015
128% increase of illegals found vs 1st half 2015
Our statistics
Notwithstanding Cameron’s comments regarding certain African nations… in 2015 Nigerian documents were by far and away the largest proportion of fakes being picked up by our clients.
Over 50% of fake documents reported were from France and HollandFrontex (the EU Border Agency) suggests there were over 8,000 document fraudsters across the EU in 2015 with a ‘70% year on year rise in fraudulent documents for UK-Bound migrants’.Home Office said ‘Since 2010, we have denied entry to over 100,000 people, including over 6,500 EU nationals’
Statistics represent reported illegal documents from our client base made up of corporates & the recruitment companies
The impact?
Right to Work as per the
No Photocopies or faxes!
Are you sure that the document holder is the owner?
Ensure checks are done before workers start and you can prove it
Do you employ students?• Make sure you have proof that they are studying• Immigration controlled students (Tier 4) - 20hrs per week
Current rules in place - Check the small print
Expired Passports• Allowable for UK and EEA member states not for others• Checks on the anniversary expiry of right to work
documents instead of every 12 months• Expired country ID cards for Europe not accepted
Additional checks you should have for certain documents• For a number of documents you must received positive
confirmation from the Employer Checking Service before you employ – remember these are typically valid for 6 months
Current rules in place - Check the small print
Re-emphasise - do NOT discriminate– Use the same process for all applicants including
the same step for checking
Timing of checks– Before they start & you record the date of
check– Allow time where additional approval is
needed– Extension in the time to perform right to
work checks for TUPE transfers up to 60 days
A few highlights from the Immigration Act 2015/6Prison sentence increase 2 to 5 years.Employers can be arrested if they are suspected of employing illegal workers.illegal working is now a criminal offence & earnings can be seized as criminal proceeds
Landlords are you still toasting? Inspectors powers to close down licenced premises if illegals are found.
Restricts support to rejected asylum seekers for appeals.Employers appeal time to penalties reduced from 31 to 21 days
A few more tasters ….
Harder for a non-UK person to have a UK driving licence or bank account –Potential confiscation of the car
Public sector language requirement for a customer facing role is that they speak fluent EnglishDefined as “The person has a command of spoken English which is sufficient to enable the effective performance of the person’s role.”
Enforcement & penalty unclear
A new skills levy of £1,000 on businesses sponsoring Non-EU migrant workers in the UK.
De-risking the employment processImprove your process & prevent forgeries
Technology can help
How Technology can help
Remove the manual subjective process and replace with technology:1. Scanners perform authentication (check security features of the
passport)
2. Proceduralise your Right to Work process and incorporate Home Office guidelines
How technology can help – Obtain
Technology – process Check, Apply & Save
Stefan SosnowskiDirector
30th June 2016 (TLC)
Questions?Thank you for listening
