Are you confident your hospitality organisation is immigration-compliant?

With immigration rules evolving at pace, many employers across the hospitality sector are unknowingly exposing themselves to significant risk. For an industry that relies heavily on international talent for its kitchen staff, front-of-house teams and specialist hospitality managers, staying compliant is essential.

Our UK immigration team highlights the key areas every People and hiring professional in hospitality needs to stay on top of right now.

1. Right-to-work checks: are your processes watertight?

Every hospitality employer must carry out fully compliant right-to-work checks on all prospective hires. During a Home Office compliance visit, your right-to-work procedures and record-keeping are scrutinised.

However, with guidance changing frequently, many hospitality businesses are still relying on outdated processes. This commonly affects such roles as chefs, bar staff, waiting teams, cleaners and seasonal workers, where fast-paced recruitment can increase the risk of non-compliance.

Failing to comply can cost your organisation up to £60,000 per illegal worker. If you’re a sponsor licence holder, your licence could also be suspended or even revoked.

2. Sponsor licence holders: are you meeting your reporting deadlines?

The importance of sponsor licence reporting and record-keeping duties is often underestimated but the Home Office does not overlook non-compliance.

Sponsors must report specific changes relating to sponsored workers via the online sponsor management system within ten working days. Additionally, they have 20 working days to report certain business changes, which includes a change in ownership or control which in turn may require a completely new licence. Missing these deadlines triggers serious compliance consequences.

3. HR systems: do they support full compliance?

Sponsor licence holders must have effective systems to monitor:

• absences for all sponsored workers;
• expiry dates for visas and limited leave to remain;
• changes in role, work location or working pattern.

Even if you don’t hold a sponsor licence, these are good practice controls for any hospitality business employing individuals with time-limited immigration status.

In establishments where staff transfer between venues, take on split shifts or work variable hours, manual or outdated systems increase the risk of missing key events. If your HR technology or manual processes can’t confidently track this, you may already be out of step with Home Office expectations.

4. Proposed changes to settlement: are you budgeting for the impact?

Government proposals to amend the rules for indefinite leave to remain (ILR) could significantly extend the length of time individuals need sponsorship for. This potentially increases the financial and administrative burden on hospitality employers and their sponsored workers.

These changes may affect not just future recruits but also workers already on their route to settlement. Understanding the implications now will allow you to plan ahead and avoid unexpected costs.

We help your hospitality business stay ahead of the rules

The UK immigration team at Moore SGD Law supports businesses and individuals across every aspect of UK immigration and British nationality law. This includes:

• Sponsor licence applications and renewals.
• Right-to-work audits and process reviews.
• Reporting and compliance support.
• Visa and ILR applications for employees and dependants.
• Strategic advice on workforce planning, recruitment and immigration risk.
• Acting as your business’s key contact or level 1 users.

If you would like to discuss anything mentioned above, please contact Mark Barnett.