By A Correspondent |In a bold move to address the exploitation of overseas workers, the UK Government has unveiled new measures aimed at penalizing employers who misuse visa sponsorship rules. This initiative, part of a broader strategy to reform immigration practices, was announced by the Minister for Migration and Citizenship, Seema Malhotra MP, and comes as part of the ongoing Employment Rights Bill.

Stricter Penalties and Preventive Measures:

• Extended Sanction Periods: Employers previously faced a maximum of one year sanctions for violating visa regulations. This has now been doubled to at least two years for repeat offenders, emphasizing a tougher stance against visa abuse.
• Proactive Action Plans: Instead of waiting for serious breaches, the government will now implement action plans for businesses showing signs of rule-breaking. These plans will now extend from three to twelve months, providing a longer period for employers to rectify issues and comply with regulations.

Focus on the Care Sector:

The care sector, identified as particularly vulnerable to exploitation, is at the heart of these reforms. Minister for Care, Stephen Kinnock, highlighted the invaluable role of migrant workers in social care but stressed the need for protection against rogue employers:

“Cracking down on these unethical employers will protect migrant workers from unacceptable and shameful exploitation.”

• Revocation of Sponsor Licences: Since July 2022, about 450 sponsor licences in the care sector have been revoked due to violations. The government is committed to supporting these workers in transitioning to alternative employment within the sector.

Protecting Workers from Financial Exploitation:

One of the unethical practices being addressed is the charging of sponsorship fees to workers. The new rules will ensure that employers bear these costs, preventing workers from being burdened with unsustainable debts:

“No longer will employers be able to exploit international workers for costs they were always supposed to pay if they choose not to recruit domestically,” stated Minister Malhotra.

Enhanced Enforcement Actions:

• Increased Immigration Enforcement: The government reports a significant increase in enforcement activities, with Immigration Enforcement conducting 856 visits in October alone, marking a 55% increase from the previous year.
• Legal and Financial Consequences: Employers found exploiting the system now face not only financial penalties but also the potential closure of their business and criminal prosecution.

Government’s Broader Strategy:

This crackdown is part of a wider governmental effort to overhaul the immigration system, aligning migration policy with skills development and labor market needs. The initiative seeks not only to punish but also to prevent exploitation by fostering an environment where migrant workers are treated fairly and their rights are upheld.

The Employment Rights Bill, currently navigating through Parliament, will incorporate these changes, establishing a new Fair Work Agency to oversee enforcement across various employment sectors. This agency will integrate existing regulatory functions to ensure a more cohesive approach to worker rights and employer accountability.

The government’s commitment to these reforms underscores a pivotal shift towards a more humane and regulated immigration framework, aiming to protect both the integrity of the visa system and the welfare of overseas workers contributing to the UK economy.