Has your employee entered
the UK via an 'egate'?
2 December 2019
All UK employers sponsoring migrant workers under Tier 2 need to be familiar with the government’s Appendix D – a government guide to retaining the correct level of documentation.
For Tier 2 sponsors, the guide covers four key areas:
- Documentation relating to the sponsored migrant;
- Evidence relating to a resident labour market test i.e. advertising;
- The skill level of the role; and
- The salary level offered to the migrant worker.
eGate entries to the UK
The latest version of the guidance was re-issued in August of this year. The revisions made to this document include an update on how to check the date of entry when a migrant enters the UK through automated ePassport gates (‘eGates’).
Since May 2019, it has been possible for nationals from various countries including New Zealand, Canada, Australia and Singapore to enter the UK through an automated eGate, if they have a valid visa or biometric residence permit. In doing so, they do not receive an entry stamp in their passport.
Appendix D confirms that employers must still check their employee’s date of entry by asking to see other evidence such as, but not limited to, e-tickets or a boarding pass. Employers must then record the date the migrant entered the UK, but they do not need to retain evidence of the date of entry.
Are you prepared for a visit from the Home Office?
Home Office compliance officers are appointed to ensure sponsors have suitable human resource and recruitment systems in place to meet, or continue to meet their Tier 2 sponsor duties.
All employers of Tier 2 migrants should therefore ensure they are familiar with the content of Appendix D.
Compliance is usually assessed by officers visiting a business either before or after their sponsor licence is granted. The Home Office also makes relevant checks with other government departments such as HMRC to verify payroll information.
A further update on Appendix D can be found in our recent edition of Insight.
Smith Stone Walters
We understand the complexity of UK immigration processes, the legal requirements and the issues that cause problems. Our bespoke immigration audit service is tailored to meet your business needs and budget while helping you to avoid incurring penalties. Let our team support you in remaining compliant.