The Compliance Crackdown
For businesses that rely on migration the old way of doing things is no longer good enough. Immigration authorities around the world in the UK, Australia and Canada have introduced new and stricter sponsor compliance obligations for visas.
These new rules are a change. We are moving from keeping records to actually taking care of migrant workers. For sponsors not following these rules can mean losing the right to hire workers from countries.
Here is what every sponsor needs to know about the rules, the risks and how to make compliance work for them.
The Duty of Care is Now a Must
sponsors only had to report a few things like when a worker started or stopped working or if their salary changed. Now sponsors have to show that they are taking care of workers in a more complete way.
This means sponsors must make sure migrant workers are not being treated unfairly or paid little. They must also make sure workers have a place to live and understand their rights at work.
Some key changes include:
- Sponsors must check that migrant workers have a place to live and understand their rights at work.
- Sponsors cannot take money from a migrant workers salary to pay for things like visa fees or English tests.
- Sponsors must show that they did not discriminate against local workers when hiring a migrant worker.
Being Ready for Audits
The days of using spreadsheets that are not organized are over. Immigration authorities are now doing audits without warning. Sponsors must keep records for the whole time a worker has a visa, plus seven years.
Sponsors must report some things within 28 days like:
- If a migrant worker does not start working.
- If a workers job or salary changes.
- If a migrant worker moves to a work location.
- If a sponsor thinks a migrant worker is not following the rules of their visa.
It is an idea to automate the process of reporting these things. If sponsors are still using email to keep track of when visas expire they are already not following the rules.
The Hidden Trap: Indirect Sponsorship
One of the changes that is often overlooked is about secondments and subcontracting. Under the rules if a sponsor hires a migrant worker that worker cannot work at a different site unless that site is named on the visa or there is a special agreement.
For example if a sponsor hires an IT worker to work at their office but then sends that worker to a clients office for six months without getting permission first the sponsor is not following the rules. This can lead to penalties.
Penalties are Now More Severe
The days of getting a fine are over. The new rules have a system of penalties that can be very bad for a business:
- If a sponsor makes a mistake like reporting something late they might get a fine of up to $10,000.
- If a sponsor does something serious like not paying a migrant worker enough or not providing the right facilities they might get their sponsorship suspended for a year and have their name made public.
- If a sponsor does something serious like knowingly employing a migrant worker outside of their allowed role or charging them illegal fees they might get banned from sponsoring workers forever and the people in charge of the company might even go to jail.
Three Ways to Make Sure You are Following the Rules
How can a business follow these rules without getting overwhelmed?
1. Choose an Officer
Make sure the person in charge of sponsorship is trained and knows what to do. This person should be able to talk to the company’s leaders and lawyers
2. Check Your Sponsorship Regularly
Do not wait for the authorities to check on you. Look at your sponsorship every quarter to make sure everything is okay. Check that migrant workers are getting paid the amount are working in the right place and that their visas are still valid.
3. Welcome Migrant Workers Properly
Following the rules is not about avoiding punishment it is about treating people right. Have a plan to welcome workers and explain the local laws, how to get healthcare and their rights at work. This can help prevent problems and make sure migrant workers feel valued.
The Important Part
These new rules are not going away. Immigration authorities are using computers to check for mistakes and make sure everyone is following the rules.
The businesses that will do well are the ones that see these rules as a way to show they are employers. In a world where it’s hard to find good workers being a sponsor who follows the rules can be a big advantage.