Employing a foreign worker in England means checking their right to work before the job starts, since the UK operates a points-based immigration system for anyone without settled status. Most sponsored workers need 70 points, made up of a job offer from a licensed sponsor, the required skill level and English language ability, with the remainder traded through salary or qualifications. Employers who skip right to work checks risk a civil penalty of up to \u00a345,000 per illegal worker for a first breach, or \u00a360,000 for a repeat breach, following the fine increases that took effect in February 2024. Foreign workers retain rights under their home country’s laws alongside UK employment law. This article will explain:<\/p>\n\n\n\n
A foreign worker is someone who works for you and does not have UK citizenship. A foreign worker may not wish to settle permanently in the UK. Instead, they may want to work in the UK for a certain period of time.<\/p>\n\n\n\n
If you consider offering someone a job, you must check if they are allowed to work in the UK. This means you must ask them to prove they can work in the UK<\/a> before you decide to employ them. If you fail to check that a person can work in the UK, you could receive a fine of up to \u00a320,000. <\/p>\n\n\n\n However, you do not need to conduct a check where the worker:<\/p>\n\n\n\n “Employers still treat the right to work check as a box to tick at onboarding, but that check is what protects you if the Home Office comes asking questions later. Get it right on day one, keep the evidence, and the statutory excuse does the rest of the work for you”<\/p>\n <\/blockquote>\n \n
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