Employing Migrant Workers is too Difficult?

Employing Migrant Workers is too Difficult?

Published: 28 February 2015

TRUE or FALSE?

It is a common belief that hiring migrant workers is an administrative nightmare and all round headache. With terms such as "Level 1 user," "Restricted" or "Unrestricted Certificates of Sponsorship," and "Sponsorship Management System," it is easy for employers to be put off from dealing with the, perceived, ‘compliance headache’ that hiring foreign workers can cause.

Many employers simply give up before taking proper legal advice and this means that they miss out on the opportunity to hire a candidate that was the right fit for the job. Many employers share common concerns about taking on migrant workers.

Common Concerns

  • "Everyone says the Immigration rules are getting tightened. Surely my employee has no chance of staying?"

    It is true that the immigration rules have been tightened significantly over the last few years, including under Tier 2 for employees. However, the process still leaves the category open for the genuinely ‘skilled workers’ it was designed for in the first place. The tightening of the immigration rules has only ensured that abuses of the system are minimised and has kept routes available to genuine applicants. The UK always welcomes and in fact encourages top quality migration.

  • "There is so much paperwork to deal with and our HR won’t be able to cope with the different procedures required for employees based on their nationalities."

    Although the Home Office does demand that businesses sponsoring migrants satisfy their record keeping duties, this does not involve the huge workload that some fear. In fact, a lot of the record keeping requirements is simply good practice and can easily be implemented across the board for all employees. For most scenarios, compliance will actually be satisfied by simply having a record of the employee’s passport, national insurance number, proof of residential address, record of absences, contract of employment and record of how the employee was recruited. All employers should be doing this anyway.

What Would we Recommend to Employers Worried About Hiring Migrant Workers?

We can help employers navigate the different applications and terms that the Home Office uses when hiring migrant workers. In fact, after being instructed by employers, the most common reaction we receive is surprise and gratification at how easy the process of hiring foreign migrant workers can be.

What are the Benefits Of Seeking Legal Advice?

  • Keeping the people you want;
  • Developing business in foreign markets and new revenue streams;
  • Gaining internal additional language skills;
  • The right procedures can result in multiple employees being hired from anywhere in the world;
  • Greater loyalty from employees as changing jobs is not as easy; and
  • Keeping pace with the modern international world.

If you are an employer and your business currently has migrant workers on temporary visas or you are considering hiring migrant workers, get in touch to discuss your options. We can advise you on what is involved and what your duties are as an employer.  Please contact Sam Meymand, Head of Business Immigration to make an appointment either by telephone on 0207 632 1446 or email Sam by clicking here.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.