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UK Hospitality – Right to Work

The UK’s hospitality sector is strongly impacted by immigration rules and policies post-Brexit. One of the most pressing issues is the intricate relationship between immigration policies and the industry’s workforce. This intersection has given rise to a myriad of challenges, impacting both employers and employees alike.

The primary difficulty faced by the hospitality sector is the constant struggle to find and retain skilled personnel. The industry thrives on a diverse and multicultural workforce, with individuals from diverse backgrounds contributing to the vibrant variety of services offered. However, stringent immigration policies can hinder the recruitment of international talent, leaving a noticeable gap in the labour market.

Visa restrictions and bureaucratic hurdles further complicate matters for businesses in the hospitality sector. The time-consuming and often convoluted visa application processes can impede the swift deployment of skilled workers, causing staffing shortages which can adversely affect the quality of service. This issue is particularly acute during peak seasons when demand is high, exacerbating the strain on establishments.

Moreover, the uncertain political climate surrounding immigration policies adds an extra layer of complexity for businesses in the hospitality sector. Frequent changes in regulations and an unpredictable policy environment can leave employers grappling with ambiguity, making long-term planning and investment in human resources a daunting task.

Pre-Brexit EU low-skilled workers made up approximately 37% of workers in the hospitality industry. In the post-Brexit landscape, the UK witnessed a surge in EU citizens arriving after 01 January 2021 (the deadline for most people to apply to the EU Settlement Scheme), applying for visas under the EU Settlement Scheme. A significant challenge emerged as positive Right to Work (‘RTW’) verification checks were granted while their immigration applications were still pending. This led to inadvertent misunderstandings among employers who believed these individuals possessed the necessary visa permissions to work in the UK. In reality, however, this was not the case.

This misinterpretation of visa status has had substantial repercussions for businesses, resulting in many unknowingly violating immigration regulations and subsequently facing civil penalties of up to £20,000 per unlawful worker. The Home Office has recognised the need to put in place safeguarding measures for employers, and significant changes have since been implemented in the realm of RTW checks. These changes aim to establish a stricter framework, fostering a more secure environment for immigration processes and, concurrently, shielding employers and businesses from unintentional legal pitfalls. As the landscape evolves, it becomes imperative for businesses to stay abreast of these changes and ensure adherence to the latest RTW verification protocols.

Monica Mastropasqua

Paralegal

View profile

+44 20 7539 8021

There are multiple trigger points for UK Visas & Immigration to conduct RTW compliance visits, often with little to no advance notice.

Right to Work Compliance

A civil penalty of up to £20,000 may be issued against your business for each illegal worker found to be employed, regardless of the length of their employment. In early 2024, this penalty is set to increase to £45,000 per illegal worker for the first offence, with subsequent offences incurring fines of up to £60,000 per illegal worker.

There are multiple trigger points for UK Visas & Immigration to conduct RTW compliance visits, often with little to no advance notice. These triggers include information obtained from HMRC or other government departments, tip-offs from former employees or customers, or random visits. Immediate action is essential to ensure that your RTW check systems are fully compliant with UK immigration law, establishing a legal defence against potential civil penalties or other enforcement actions.

Right To Work Training

Clarkslegal offers RTW sessions tailored to equip your team with the essential skills and knowledge to ensure compliance with UK immigration law. The bespoke training covers crucial topics such as permitted forms of RTW checks, detailed steps for each type of check, recent changes post-EU Settlement Scheme, and adjusted rules during the Covid-19 pandemic. Topics also include the RTW rules for employees with Student/Tier 4 (General) Student visas, detection of false/fraudulent documents, usage of the Employer Checking Service, and termination on RTW grounds while avoiding discrimination claims.

Right to Work Audit

Our Right to Work Audit serves as a proactive measure to guarantee your business’s compliance with UK immigration law. The comprehensive audit covers:

  • Addressing relevant changes in UKVI guidance
  • Testing the practical application and effectiveness of recruitment, onboarding, and employee monitoring processes and systems
  • Identifying any necessary updates to UK immigration policy documents, employee handbooks, employment contracts, or offer letters
  • Reviewing HR policies and procedures related to recruitment, attendance/absence tracking, right-to-work checks, visa expiries, and onboarding/recruitment policy documents

Choose the audit option that best suits your business:

  • Remote Audit: Ideal for flexibility, billed on an hourly basis.
  • On-Site Audit: Available in half-day and full-day options, tailored to your needs.

Invest in the knowledge to protect your business and proactively address Right to Work compliance.

For employers, navigating immigration challenges can result in a sense of instability and vulnerability. The fear of sudden policy changes can create a tense atmosphere, impacting the overall morale of the workforce. This, in turn, can affect productivity and the quality of customer service, elements crucial to the success of any hospitality business.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Mastropasqua

Paralegal

View profile

+44 20 7539 8021

About this article

Immigration Fee Surcharge – October 2023

Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Visit visa – short up to 6 months£100£115£15
Visit visa – long up to 2 years£376£400£24
Visit visa – long up to 5 years£670£771£101
Visit visa – long up to 10 years£837£963£126
Visiting academic – more than 6 months but no more than 12 months£200£200£0
Private medical treatment visa – more than 6 months but not more than 11 months£200£200£0
Transit visa (direct airside transit)£35£35£0
Transit visit visa (landside transit)£64£64£0
Visa for the purpose of joining a ship or aircraft as a member of the crew of that ship or aircraft£64£64£0
Electronic Visa Waiver£30£30£0
Single-entry visa to replace a Biometric Residence Permit (BRP)£154£154£0
Certificate of Entitlement Nationality Right of Abode (outside the UK)£388£388£0
Transfer of Conditions (Vignette Transfer) application made overseas£154£154£0
Other visa£531£637£106
Hong Kong British National (Overseas) for 30 months – main applicant and dependants£180£180£0
Hong Kong British National (Overseas) for 5 years – main applicant and dependants£250£250£0
Route to Settlement£1538£1846£308
Route to Settlement – other dependant relative£3250£3250£0
Route to Settlement – refugee dependant relative£388£404£16
Indefinite leave to enter the UK as the dependant of a member of the armed forces under Appendix Armed Forces to the Immigration Rules£2404£2885£481
Indefinite leave to enter the UK as a foreign or Commonwealth citizen discharged from HM Forces under paragraph 13 of Appendix Armed Forces to the immigration rules£2404£2885£481
Call out/ out of hours fee (per hour/part hour) – service of consular officers£142£142£0
Receiving, preparing and forwarding documents – consular functions£141£141£0
Administrative review£80£80£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Innovator Founder – main applicant and dependants£1036£1191£155
Endorsement fee under Innovator Founder route (payable to endorsing body) excluding VAT£1000£1000£0
Start-up – main applicant and dependants£378£435£57
Approval letter from a competent body in respect of an initial application for Global Talent£456£524£68
Global Talent – main applicant – where Approval Letter is required£167£192£25
Global Talent – main applicant – where Approval Letter is not required£623£716£93
Global Talent – dependants only£623£716£93
Tier 1 (Exceptional Talent) – dependants only£623£716£93
Tier 1 (Entrepreneur) – dependants only£1036£1191£155
Tier 1 (Investor) – main applicant and dependants£1638£1884£246
Skilled worker, where a certificate of sponsorship has been issued for three years or less – main applicant and dependants£625£719£94
Skilled Worker, where a certificate of sponsorship has been issued for over three years – main applicant and dependants£1235£1420£185
Skilled Worker – shortage occupation where a certificate of sponsorship has been issued for three years or less – main applicant and dependants£479£551£72
Skilled Worker, shortage occupation where a certificate of sponsorship has been issued for over three years – main applicant and dependants£943£1084£141
Skilled Worker – Health and Care Visa – where a certificate of sponsorship has been issued for three years or less [footnote 2] – main applicant and dependants£247£284£37
Skilled Worker – Health and Care Visa – where a certificate of sponsorship has been issued for over three years [footnote 2] – main applicant and dependants£479£551£72
Skilled Worker – Shortage Occupation – Health and Care Visa – where a certificate of sponsorship has been issued for three years or less [footnote 2] – main applicant and dependants£247£284£37
Skilled Worker – Shortage Occupation – Health and Care Visa – where a certificate of sponsorship has been issued for over three years [footnote 2] – main applicant and dependants£479£551£72
T2 Minister of Religion – main applicant and dependants£625£719£94
International Sportsperson where a certificate of sponsorship has been issued for 12 months or less – main applicant and dependants£259£298£39
International Sportsperson where a certificate of sponsorship has been issued for over 12 months – main applicant and dependants£625£719£94
Temporary Work – Seasonal Worker, Religious Worker, Charity Worker, Creative Worker, International Agreement, Government Authorised Exchange and Youth Mobility Scheme – main applicant and dependants£259£298£39
Representative of an overseas business – main applicant and dependants£625£719£94
Global Business Mobility – Senior or Specialist Worker – up to 3 years – main applicant and dependants£625£719£94
Global Business Mobility – Senior or Specialist Worker – more than 3 years – main applicant and dependants£1235£1420£185
Global Business Mobility – Graduate Trainee – main applicant and dependants£259£298£39
Global Business Mobility – Service Supplier – main applicant and dependants£259£298£39
Global Business Mobility – UK Expansion Worker – main applicant and dependants£259£298£39
Global Business Mobility – Secondment Worker – main applicant and dependants£259£298£39
Scale-up – main applicant and dependants£715£822£107
High Potential Individual – main applicant and dependants£715£822£107
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Student – main applicant and dependants£490£490£0
Child student£490£490£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Priority Visa service – Settlement£573£500-£73
Priority Visa service – Non-Settlement£250£500£250
Super Priority Visa service£956£1000£44
User Pays Visa Application service£55£76.50£21.50
The provision of an immigration officer to provide any premium service relating to entry into or transit through the United Kingdom (per hour per officer)£77.40£77.40£0
International Contact Centre – Email Service (per query)£2.74£2.74£0
International Contact Centre – Telephone Helpline (per minute)£0.69£0.69£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Super Priority service£800£1000£200
Expedited processing – Priority service£500£500£0
On-Demand service (Mobile Biometric Enrolment) (per hour per representative of the contractor providing the service)£650£650£0
The provision of an immigration officer to deliver any premium service, to a Government Department, relating to entry into or transit through the United Kingdom£57.33£57.33£0
The provision of an immigration officer to deliver any premium service, relating to entry into or transit through the United Kingdom (per hour per officer)£77.40£77.40£0
Premium status checks and advice – Administrative Officer (per minute)£0.80£0.80£0
Premium status checks, advice or training – Executive Officer (inside office hours) (per minute)£0.88£0.88£0
Premium status checks, advice or training – Executive Officer (outside office hours) (per minute)£1.10£1.10£0
Premium status checks, advice or training – Higher Executive Officer (inside office hours) (per minute)£0.97£0.97£0
Premium status checks, advice or training – Higher Executive Officer (outside office hours) (per minute)£1.23£1.23£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Registered Traveller (Adult) – Yearly Subscription (per year)£50£50£0
Registered Traveller (Child) – Yearly Subscription (per year)£24£24£0
Registered Traveller – Registration of New Documents£20£20£0
Fast Track – Heathrow£5.20£5.20£0
Fast Track – Other ports of entry£3.00£3.00£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Innovator Founder – main applicant and dependants£1292£1486£194
Endorsement fee under Innovator Founder route (payable to endorsing body) excluding VAT£1000£1000£0
Start-up – main applicant and dependants£508£584£76
Approval letter from a competent body in respect of an initial application for Global Talent£456£524£68
Global Talent – main applicant – where Approval Letter is required£167£192£25
Global Talent – main applicant – where Approval Letter is not required£623£716£93
Global Talent – dependants only£623£716£93
Graduate Route – main applicant and dependants£715£822£107
Tier 1 (Exceptional Talent) – dependants only£623£716£93
Tier 1 (Entrepreneur) – main applicant and dependants£1292£1486£194
Tier 1 (Investor) – main applicant and dependants£1638£1884£246
Skilled Worker, where a certificate of sponsorship has been issued for three years or less – main applicant and dependants£719£827£108
Skilled Worker, where a certificate of sponsorship has been issued for over three years – main applicant and dependants£1423£1500£77
Skilled Worker, shortage occupation where a certificate of sponsorship has been issued for three years or less – main applicant and dependants£479£551£72
Skilled Worker, shortage occupation where a certificate of sponsorship has been issued for over three years – main applicant and dependants£943£1084£141
Skilled Worker – Health and Care Visa – where a certificate of sponsorship has been issued for three years or less – main applicant and dependants£247£284£37
Skilled Worker – Health and Care Visa – where a certificate of sponsorship has been issued for over three years – main applicant and dependants£479£551£72
Skilled Worker – Shortage Occupation – Health and Care Visa – where a certificate of sponsorship has been issued for three years or less – main applicant and dependants£247£284£37
Skilled Worker – Shortage Occupation –Health and Care Visa – where a certificate of sponsorship has been issued for over three years – main applicant and dependants£479£551£72
T2 Minister of Religion – main applicant and dependants£719£827£108
International Sportsperson where a certificate of sponsorship has been issued for 12 months or less – main applicant and dependants£259£298£39
International Sportsperson where a certificate of sponsorship has been issued for over 12 months – main applicant and dependants£719£827£108
Temporary Worker – Seasonal Worker, Religious Worker, Charity Worker, Creative Worker, International Agreement Worker, Government Authorised Exchange Worker and Youth Mobility Scheme – main applicant and dependants£259£298£39
Representative of an overseas business – main applicant and dependants£719£827£108
Global Business Mobility – Senior or Specialist Worker – up to 3 years – main applicant and dependants£719£827£108
Global Business Mobility – Senior or Specialist Worker – more than 3 years – main applicant and dependants£1423£1500£77
Global Business Mobility – Graduate Trainee – main applicant and dependants£259£298£39
Global Business Mobility – Service Supplier – main applicant and dependants£259£298£39
Global Business Mobility – UK Expansion Worker – main applicant and dependants£259£298£39
Global Business Mobility – Secondment Worker – main applicant and dependants£259£298£39
Scale-up – main applicant and dependants£715£822£107
High Potential Individual – main applicant and dependants£715£822£107
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Student – main applicant and dependants£363£490£127
Child Student£363£490£127
Short term student studying English language for more than 6 months but not more than 11 months£200£200£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Visitor Extension – main applicant and dependants£1000£1000£0
Leave to enter for persons in the UK who are liable to immigration detention£1048£1258£210
Leave to remain– Other£1048£1048£0
Hong Kong British National (In-country) for 30 months – main applicant and dependants£180£180£0
Hong Kong British National (In-country) for 5 years – main applicant and dependants£250£250£0
Processing an application which is subsequently rejected as invalid£25£25£0
Indefinite leave to remain – main applicants and dependants£2404£2885£481
Replacement Biometric Residence Card (issued under the EU Settlement Scheme) which has been lost, stolen, damaged or destroyed£19£19£0
Replacement Biometric Residence Permit which has been lost, stolen, damaged or destroyed£19£19£0
Travel Document – Certificate of travel – adult£280£280£0
Travel Document – Certificate of travel – child£141£141£0
Travel Document – Convention travel document – adult£75£82£7
Travel Document – Convention travel document – child£49£53£4
Administrative Review£80£80£0
Life in the UK test£50£50£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Naturalisation (British citizenship)£1250£1500£250
Naturalisation British overseas territory citizens£1000£1000£0
Nationality registration as a British citizen – adult£1126£1351£225
Nationality registration as a British citizen – child£1012£1214£202
The arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony).£80£80£0
The administration of a citizenship oath, or oath and pledge where the oath, or oath and pledge, are not administered at a citizenship ceremony or by a justice of the peace.£5£5£0
Nationality registration – British overseas territory citizen, British overseas citizens, British Subjects, British protected persons – adult£901£901£0
Nationality registration – British overseas territory citizen, British overseas citizens, British Subjects, British protected persons – child£810£810£0
Renunciation of nationality£372£372£0
Certificate of Entitlement Nationality Right of Abode (In the UK)£372£372£0
Nationality review£372£372£0
Status Letter (Nationality)£250£250£0
Non-acquisition Letter (Nationality)£250£250£0
Nationality correction to certificate£250£250£0
Nationality – supply of a certified copy of a notice, certificate, order or declaration£250£250£0
Nationality reissued Certificate£250£250£0
Fees categoryCurrent FeeNew Fee from 4th October 2023 Fee Change
Premium Sponsor Service (12 months) Worker sponsor and Temporary worker sponsor – large sponsors£25000£25000£0
Premium Sponsor Service (12 months) Worker sponsor and Temporary worker sponsor – small sponsors£8000£8000£0
Premium Sponsor Service (12 months) Student sponsors£8000£8000£0
The expedited processing of a sponsorship management request made by a Worker sponsor or Temporary worker sponsor£200£200£0
Priority service for expedited processing of sponsor licence applications£500£500£0
Worker sponsor licence (large sponsor )£1476£1476£0
Worker sponsor licence (small sponsor)£536£536£0
Student sponsor licence£536£536£0
Temporary Worker sponsor licence£536£536£0
Worker and Temporary Worker sponsor licence (large sponsor)£1476£1476£0
Worker and Student sponsor licence (large sponsor)£1476£1476£0
Worker, Temporary Worker and Student sponsor licence (large sponsor)£1476£1476£0
Temporary Worker and Student sponsor licence£536£536£0
Worker sponsor licence (large sponsor), where sponsor currently holds a Temporary Worker and/or Student Sponsor Licence£940£940£0
Endorsement fee for a Scale-up sponsor licence under Endorsing Body Pathway (payable to the endorsing body) excluding VAT£1500£1500£0
Student sponsor basic compliance assessment£536£536£0
Sponsor action plan£1476£1476£0
Certificate of Sponsorship (CoS): Skilled Worker, T2 Minister of Religion, Global Business Mobility – Senior or Specialist Worker£199£239£40
Certificate of Sponsorship (CoS) – Temporary Worker including Global Business Mobility – Graduate Trainee, UK Expansion Worker, Service Supplier and Secondment Worker route, and Scale-up route£21£25£4
Certificate of Sponsorship (CoS) for International Sportsperson route – Over 12 Months£199£239£40
Certificate of Sponsorship (CoS) for International Sportsperson route – Up to 12 months or less£21£25£4
Confirmation of Acceptance for Study (CAS) for student, child student£21£25£4

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