By Mohammed Sofian Bin Hakim

If you employ people who need permission to work in the UK, or you sponsor Skilled Workers, immigration compliance should be a priority.

The Home Office carries out Immigration Enforcement visits across many sectors, particularly those considered at greater risk of illegal working. These may include restaurants and takeaways, food retailers, butchers and halal meat businesses, beauty salons, barbershops, car washes, warehouses, delivery businesses, retail and construction.

Whatever your sector, good compliance procedures can help protect your business from serious financial, legal and operational consequences.

What happens if an illegal worker is found?

Employing someone who does not have the right to work in the UK can have serious consequences.

Depending on the circumstances, an employer may face a civil penalty of up to £60,000 per illegal worker. Criminal liability may also arise where an employer knew, or had reasonable cause to believe, that a person did not have the right to work.

Other consequences may include:

• suspension or revocation of a sponsor licence;
• disruption to sponsored workers and the wider workforce;
• reputational damage;
• increased Home Office scrutiny;
• loss of customers, contracts and business relationships; and
• significant financial and operational disruption.

Taken together, these consequences can have a devastating impact on a business. In serious cases, the financial penalties, loss of staff, reputational damage and interruption to trading may ultimately lead to the closure of the business.

This is why immigration compliance should not be treated simply as an administrative exercise. Effective Right to Work procedures can play an important role in protecting the business itself.

Does finding an illegal worker automatically make the business liable?

Not necessarily.

Someone may be working at business premises without the knowledge or authorisation of management. For example, an employee might allow a friend or relative to help with work informally.

Whether the business is responsible will depend on the facts and evidence surrounding the working arrangement.

However, simply saying “management did not know” may not be enough.

The Home Office may examine how the individual came to be working, who knew about it and whether the circumstances indicate that the business employed or engaged them.

That is why good records and clear internal procedures matter.

How can employers protect their business?

Employers should:

• carry out correct Right to Work checks before employment begins;
• keep appropriate records of those checks;
• monitor employees with time-limited immigration permission;
• prohibit unauthorised workers, substitutes or helpers;
• train managers and supervisors;
• maintain accurate payroll, HR, rota and working-hours records;
• ensure sponsored workers are employed in accordance with their sponsorship arrangements; and
• document and investigate suspected unauthorised working promptly.

Employers should also be aware that from 1 October 2026, the Home Office’s right-to-work framework is being extended to cover certain additional working arrangements, including some worker, subcontracting and substitution arrangements.

What should you do after an Immigration Enforcement visit?

Stay calm, preserve the evidence and establish the facts.

Record who was working, what they were doing, who authorised the work and what management knew at the relevant time.

Preserve relevant evidence, including:

• CCTV;
• payroll records;
• rotas;
• HR records; and
• relevant communications.

If the Home Office proposes a civil penalty, consider carefully whether the allegation and proposed penalty are supported by the facts and law and whether there may be grounds to challenge the decision or seek a reduction.

Immigration compliance is more than checking passports

Effective immigration compliance requires proper Right to Work checks, accurate records, clear workplace policies and effective management controls.

Putting these safeguards in place before a problem arises can place your business in a much stronger position if it later faces Home Office scrutiny.

Facing an Immigration Enforcement investigation?

If your business is facing an Immigration Enforcement investigation, a civil penalty, sponsor licence concerns or allegations of illegal working, getting specialist immigration advice early can help you understand your position and respond effectively.