Between July 2024 and May 2025, UK immigration enforcement teams carried out 9,000 raids, 48 per cent more than the year before. These raids resulted in 6,410 arrests, an increase of 51 per cent from the previous year. In August, the Home Office committed a £5m funding boost for immigration enforcement teams to “ramp up illegal working intensification activity even further”. The Labour government has clearly shown that its term will see four years of significant scrutiny on immigration compliance.

All organisations must comply with UK legislation on preventing illegal working. The consequences of non-compliance can include civil penalties, and in extreme cases unlimited fines or even jail time. Organisations that hold sponsor licences to employ migrant workers have even more to consider, because they also need to fulfil their numerous duties as sponsors. So, what should you do to ensure your business remains compliant?

Review your right to work check processes

Correctly conducted right to work checks will provide your business with a statutory excuse against civil penalties if someone is found to be working illegally. Consequently, it is crucial to understand the Home Office’s policies and make sure checks are conducted in an appropriate timeframe and an appropriate manner. If the Home Office visits a business, they will normally ask to see records of these checks. It is therefore of utmost importance that the checks are done thoroughly and compliantly.

The evidence someone can provide to prove they have the right to work in the UK will vary depending on their circumstances; for example, their visa status in the UK or if they have British citizenship. You must also identify whether a check will be time limited and must be reconducted in the future.  Regular reviews of your right to work check process ensures that you keep up to date with the Home Office’s ever-changing policies. Be sure to check that existing records are properly documented and easily accessible, and that relevant information such as dates for rechecks are diarised.

Remind yourself of your duties as a sponsor 

If your organisation holds a sponsor licence you have a number of specific duties you must uphold, such as keeping certain records and reporting changes to migrant workers’ circumstances to the Home Office. The Home Office’s guidance for sponsors is frequently updated, and it’s important to stay on top of these changes so you properly understand your duties. Some key questions to ask yourself include:

  • Are you aware of reporting periods for common changes? It is easy to forget that many changes to migrant worker circumstances and to your organisation must be reported to the Home Office promptly. Different changes will either have to be reported within 10 or 20 working days, and failure to report can be a compliance concern, which can lead to your licence being downgraded or even revoked.
  • Do you have required documents recorded correctly and easily accessible? These records might include evidence of recruitment activity and right to work checks, and details of your sponsor licence application.
  • Do you know how long you must maintain these records? You might be surprised to discover that the entirety of the sponsor licence application submission must be kept for the duration of the licence, and right to work checks should be kept for two years following the departure of the worker from your organisation.
  • Check your key personnel and organisation details are up to date and still eligible to maintain their duties. Are any personnel changes upcoming? Is it worth adding more Level 1 users to make your licence management more streamlined? Should any current Level 1 user accounts be ‘deactivated’? Do you have an upcoming change of address or name that will need to be reported? Does your organisation understand that structure changes that result in a change of direct ownership of your business mean that a whole new sponsor licence application might be required?

Conduct a mock audit

A mock audit is an excellent way to assess the compliance of your sponsor licence and related HR functions. This replicates the questions and checks the Home Office would ask/undertake if they were to visit your premises. It gives you the opportunity to address any questions raised in the outcome of the mock audit and correcting any issues early should put you in the best position moving forward to deal with any actual Home Office audits, migrant worker extension applications and other changes to the immigration rules.

If you would like us to conduct an audit on your behalf or carry out any RTW checks, please get in touch via our Contact Form.

We can also advise on sponsorship applications and recent changes to immigration laws.