Successful pre-action protocol outcome following an illegal refusal of a UK visit visa application
A decision letter from the Home Office refusing your visa application is surely not something anyone...
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All employers in the UK are required to undertake ‘Right to Work’ checks on their staff to prevent those who do not have a legal right to be in the UK from working. Employers need to ensure this process is conducted consistently and thoroughly due to the penalties which may be issued by the Home Office for not doing so. Right to Work checks must be carried out in a manner which is lawful and does not lead to discrimination.
Given the importance placed on carrying out Right to Work checks, all employers should have in place processes, procedures, systems, and training to remain fully compliant at all times. At RVS Solicitors, our team of immigration law specialists will ensure that your business is, and continues to be, compliant with the strict rules defined by the Home Office. If you are yet to implement the necessary checks into your organization, we can show you how, based on the latest best practice. We can also undertake an audit to ensure your Right to Work processes are being followed faithfully by your staff. In doing so, we can recommend where changes may be necessary to improve compliance.
Right to Work checks can be carried out manually or online.
Manual Right to Work checks
The manual approach requires three key steps to be taken:
The full list of acceptable documents can be found in the Home Office’s Right to Work check guidance (list A and B in Annex A). The employer must properly check the documents provided, including verifying the photographs match the individual, dates correlate and have not expired, the documents appear genuine, and any name changes can be explained with evidence.
The process of Right to Work checks may seem straightforward. However, careful planning and training are required to ensure they are consistently carried out to the necessary standard. After all, even a single failure to carry out a check properly may lead to harsh penalties.
Online Right to Work checks
Online Right to Work checks can be carried out using a service provided by the UK Home Office. The ‘View a job applicant’s Right to Work details’ webpage can be used to verify the right to work of any individual who has a biometric residence permit or residence card or has the right to stay under the EU Settlement Scheme. The Right to Work steps is the same for the online and manual methods.
Employers found to have employed an individual without conducting the necessary Right to Work checks may face civil and/or criminal penalties. Under the illegal working provisions of the Immigration, Asylum and Nationality Act 2006 penalties will depend on a range of factors including whether you have a statutory excuse (where you have proof you completed the Right to Work checks), whether the breach occurred in the last three years, whether the breach was the second or subsequent occurrence, and the existence of any mitigating factors. Mitigating factors may decrease the penalty incurred. The starting point for a first breach is £15,000 and for any subsequent breach is £20,000. If the three mitigating factors can be established, then the Home Office may only issue a warning notice.
If your business is suspected or has been fined for not carrying out valid Right to Work checks, it is important to cooperate fully with the Home Office. By demonstrating that you do meet the criteria for the mitigating factors, a fine can be significantly reduced or avoided.
The immigration law team at RVS Solicitors are well versed in assisting employers who have fallen foul of the Home Office’s Right to Work requirements. Our immigration Solicitors will provide clear guidance on the best approach to minimise or remove the impact of potential civil or criminal penalties. In addition, we will carry out compliance checks and make recommendations to improve your HR processes. This will mitigate the chance of further breaches. We understand that sometimes not all processes are carried out as intended and will actively seek to protect your interests.
To find out more about how we can assist you with Right to Work checks, please contact our London office on 020 3372 5125 or complete our Online enquiry form to make an appointment.
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Excellent service for my wife’s spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.
So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.
Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.
She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.
My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.
Thank you, my new family and I will be forever grateful!!!!
Could not be more pleased with the results!
I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.
Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
Call our expert immigration team on 020 3372 5125 or complete our online enquiry form for a free assessment.
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