Are You Compliant With The UK Border Agency Rules In Employing Foreign Nationals, If You are Not, Beware!!!

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On 12^th January 2012 officers attended an Indian restaurant in Sussex, to carry out immigration checks on staff who were employed there.

Four Bangladeshi men were arrested, as it was alleged that three of the men had overstayed their visa in the UK and the fourth person had allegedly entered the UK illegally.

The UK Border Agency detained the foreign nationals and are taking steps to remove them from the UK as a matter of urgency.

The owner of the restaurant was given a penalty notice which stipulated he could face a fine of up to £10,000 for each illegal worker arrested, unless he can prove to the UK Border Agency that the correct right-to-work checks were carried out on each of the foreign nationals that were detained.

If it is proved that the employer carried out the appropriate checks regarding the foreign nationals that were allegedly employed there, then he will not face a fine of £10,000 for each worker.

As an employer it is extremely important to ensure that if you employ foreign nationals who currently don’t have permanent status in the UK, that you know what UK Immigration category they are in, for example, is an individual in the UK under the Tier 4 category? If they are they may be able to work 20 hours a week or 10 hours a week. If an individual is in the UK under the Tier 2 category they may be able to work full time or may not be able to work for your organisation at all.

It is apparent the UK Border Agency are continuing to carry out spontaneous checks on restaurants hence to make sure you, as an employer are not fined, make sure your restaurant is compliant with the ever changing UK immigration rules and regulations.