Visa issues - any HR experts or seasoned employers?

[Furzella]

Does anyone have good experience of managing workers from overseas on working visas?

If an employee from a Commonwealth country has been employed following all the proper checks as advised by the immigration authorities (i.e. seeing and taking a copy of their visa/working papers inc expiry date), and the employer is paying tax and NI for that employee, does the employer also need to continue to check that individual's visa status? On the Home Office website it seems to say that once you have done the initial checks, you don't need to do anything further during the period of employment (see www.ind.homeoffice.gov.uk/6353/18383/18469/fullguidance1.pdf page 30, question 3). Does this mean that the employer does not legally need to see any papers for the extension of the visa if the initial period has expired if the employee has told the employer that they have received a visa extension? It would be helpful if anyone has experience of this in practice. I can see that the cautious approach would be to request to see papers after the expiry date has passed. However, I'd like to know the precise legal position about whether you actually HAVE to.

Anyone know?

[flowerybeanbag]

hi Furzella
What the Home Office means by no need to check for the period of that employment is that the length of the contract offered to the worker should not be longer than the visa is valid for in any case. Usual practice is to offer a temporary contract with an end date that matches the end date of the visa.
Then once the end date is coming up, it obviously depends what kind of visa it is as to whether an extension/conversion to permanent right to remain is possible.

HTH!

[flowerybeanbag]

forgot to say legal position, it's the employers responsibility to ensure it's employees have right to work in UK, in other words, have proof.

[Furzella]

Flowerybeanbag, thanks, that is helpful. Yes, I knew it was the employer's responsibility, but I hadn't realised that the original contract should have been fixed term, eek. Okay, thinking cap needs to go on now...

[flowerybeanbag]

no need to panic, you can ask for proof of extension as is your responsibility, and then can terminate employment immediately if no visa.