Immigration Compliance & Right to Work Audits
UK employers are legally required to prevent illegal working by ensuring all employees have the right to work in the UK. Failure to comply can result in civil penalties of up to £45,000 per illegal worker for a first breach, and £60,000 for repeat breaches.
Key questions:
• Are your right to work checks fully compliant?
• Do you have clear policies and procedures in place?
• Are staff trained and up to date with current guidance?
• Could you rely on a statutory excuse if challenged?
If the answer to any of these is “no,” the risks are significant.
Why does it matter?
1. Home Office enforcement is increasing, with more frequent audits and inspections.
2. Upcoming changes may require checks on non-employees, including gig and zero-hours workers.
3. Civil penalties are at record highs.
4. Reputational damage is a real risk, as lists of those who have breached are published by the Home Office.
5. Sponsor licences are at stake a single breach can lead to revocation.
6. Business disruption from staff loss can impact contracts and revenue.
7. In severe cases, business continuity may be threatened.
Sponsor Licence Holders: Why compliance audits are essential
If you hold a sponsor licence, your obligations go beyond standard right to work checks. The Home Office is increasingly scrutinising sponsor licence holders.
Benefits of a compliance audit - Reduce risk
1. Retain your licence: Audits (announced or unannounced) assess your compliance. Failures can lead to:
• Licence suspension or revocation
• Civil penalties
• Loss of ability to sponsor workers
2. Demonstrate trustworthiness: Regular internal audits show:
• You’re a responsible sponsor
• You take compliance seriously
• Your HR systems are robust
3. Identify and fix issues early: Audits help you:
• Spot missing documentation
• Ensure checks are current
• Confirm job details match Certificates of Sponsorship
4. Prepare for Home Office Audits: Audits may be:
• Pre-licence (readiness)
• Post-licence (ongoing compliance)
• Triggered by complaints or anomalies
• Scheduled or unannounced
5. Protect Your Business: Non-compliance can result in:
• Action plans with deadlines
• Downgrading from A-rating to B-rating (limiting sponsorship ability)
• Licence revocation and visa cancellations
• Reputational and operational damage
How we can help
We offer mock compliance audits to assess your systems and practices. These can be conducted remotely or on-site and include:
• Review of right to work checks, policies, and procedures
• Assessment of record-keeping
• Evaluation of sponsor licence key personnel
• Analysis of reporting processes for organisational and migrant changes
Our Process:
• Pre-audit questionnaire
• Consultation to identify next steps
• Sample review of HR records and checks
• Detailed report with feedback and recommendations
• Optional staff training and ongoing support.
Why Choose BTO?
We conduct compliance audits regularly and can help you gain peace of mind, identify and mitigate risks and avoid penalties and enforcement action.
Pricing
We offer flexible pricing based on your needs:
• Initial consultation: Free
• Fixed fee quotes: Based on firm size, sample size, and scope
• Typical range: £2,000 - £10,000
Audits simulate official inspections and include:
• Policy and procedure reviews
• File sampling
• Reporting and recommendations
Factors Affecting Cost:
• Number of files reviewed
• Complexity of services
• Quality of existing documentation
• Inclusion of training or remediation
Next steps?
We also offer:
• Fixed-fee packages
• Subscription models for ongoing support
Act now – forewarned is forearmed! Auditing your compliance with obligations to prevent illegal working is essential. Get in touch for more details or to discuss your requirements.
Carolyn Bowie Partner & Head of Business Immigration Law
cbo@bto.co.uk
+44 (0)7917 799286
+44 (0)141 225 5280
Carolyn helped me navigate the Home Office Immigration Visa System to become a Visa Employment Sponsor. She made the entire process feel effortless. From first contact with BTO, to registration with the Home Office right through to being granted my licence, Carolyn made sure that I was supported, understood every step and saw my case through to completion. I would highly recommend Carolyn, the Employment Team and their service.”
(Derek Leitch, Clarkston Chiropractic)
