New Visa Rules for Businesses employing Migrant Workers

The Government has shown that it will not tolerate employers breaching the visa rules in respect of overseas workers.  Sanctions against such rogue employers are to be strengthened and will apply not only to employers that repeatedly commit serious employment breaches but in future, any signs that the rules have been broken will attract an action plan to which the employer will be bound for 12 months, aimed at preventing any future breaches and assist them to correct their bad practice.  Repeat offenders will be prevented from hiring overseas workers for at least two years.

Employers who continuously flout the rules in respect of their migrant workers, for example, by failing to pay the minimum wage or provide payslips, sick pay or holiday pay and considerably overcharge for sponsorship fees.  Will shortly be subject to a government crackdown aimed at protecting overseas workers, many of whom are vulnerable.  The days of negligible consequences for such breaches are over, new robust rules with rigorous penalties are being introduced.

Kavina Munja Halaith, based in the London office, commented “the new sanctions against rogue employers will go some way to prevent breaches of the visa rules.  Previously the consequences of visa rules breaches were not sufficient to act as a deterrent. The introduction of the action plan for minor breaches will ensure that the offending business must keep to the visa rules for a year by which time the business will hopefully have fully embraced the law in connection with their overseas employees” Kavina further commented “the government is committed to clamping down on illegal working and the exploitative treatment of illegal workers”

The recently created Fair Work Agency (“FWA”) is an Executive Agency of Department of Business and Trade, replacing both the Gangmasters and Labour Abuse Authority and the Director of Labour Market Enforcement and comprises of a single agency to assist both overseas workers and their UK employers who wish to comply with the law.  Employers can approach the FWA for support.  Amongst the sanctions that will be imposed for breaking the rules are:

• financial penalty notices
• business closure orders
• potential prosecution

Minister for Migration and Citizenship, Seema Malhotra MP commented “We committed in our manifesto to do everything in our power to ensure those who abuse our immigration system face the strongest possible consequences.  No longer will employers be able to flout the rules with little consequence or exploit international workers for costs they were always supposed to pay if they choose not to recruit domestically.  

Worker exploitation is completely unacceptable as migrant workers are a valuable part of our social care workforce, they are key individuals who support vulnerable people throughout the UK…”

 These individuals have travelled to the UK in the hope of starting a new life and enjoying fulfilling careers, hence the importance of cracking down on fraudulent employers to protect migrant workers from being exploited.  The new powers will ensure employers who recruit internationally will be required to pay associated costs themselves, which is fair and reasonable for employers that do not recruit from the domestic workforce.

As part of the Government’s extensive plans aimed at unethical employers who continually exploit migrant workers and abuse the immigration system, the new measures will assist in preventing such exploitation of migrant workers who rarely speak out due to their irregular status and lack of knowledge of the immigration system in the UK.  A far more robust approach will be taken, there has already been a major surge in immigration enforcement visits targeting rogue businesses that are suspected of employing illegal workers, with 856 enforcement visits conducted in October which is over double the number conducted in October 2023.  As well as 4,600 arrests having been made and 450 sponsor licences have been revoked.

The new rules will be made in conjunction with the Employment Rights Bill, currently passing through Parliament.  The Bill also includes the provision for the Secretary of State to set up an advisory board comprising of equal representation from trade unions, businesses and independent experts who will advise the FWA.  

Giambrone & Partners expert immigration lawyers can advise and guide businesses to enable them to conform to the new rules and avoid being sanctioned due to lack of compliance with the visa rules or employment law.  A business that fails to observe the new rules and is penalised will fall under the close scrutiny of the regulators. 

Kavina Munja Halaith is a lawyer in the London office.  She has considerable experience related to immigration applications and has a comprehensive range of knowledge and expertise. She has successfully dealt with complex immigration appeals in the jurisdiction of England and Wales.

Kavina can assist clients with the preparation of applications, working closely with the authorities and ensuring that there are no errors or omissions that may impact on the success of the application.

Should you wish to know more about the new visa rules and how to avoid breaching them please click here