Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Important changes to a Tier 2 Sponsor’s Record Keeping Duties

04 September 2019 #Immigration #Employment


In May 2019, the Government announced the widening of the automated e-gates to nationals of seven countries. By July, these gates had been used by over 1 million users, and the numbers continue to soar. An overwhelming number of sponsors employ migrant workers from these seven countries, and a key part of their sponsorship duty is to check and retain entry of the migrant’s date of entry. This was previously easily done by taking a copy of the passport page with the UK entry stamp. With automated e-gates, the passports of these nationals no longer have these stamps.

As a result, the Home Office has recently updated their guidance to include circumstances where the migrant may not have an entry stamp (nationals of these 7 countries and those who enter through Ireland). The guidance now states that sponsors can now check evidence of entry by asking to see evidence which includes (but is not limited to) the following:

  • Travel Tickets
  • Boarding pass (in paper or electronic form)

Sponsors must then make a record of the date the migrant entered the UK but do not have to retain the evidence. However, we would strongly recommend retaining this evidence, in case of any discrepancies.

We recommend that sponsors review the files of all migrant workers in light of the updated guidance to check if they have the records of the appropriate date of entry. This is especially important for migrants of these seven countries, as if they enter the UK earlier than the start date of their Tier 2 visa, this could potentially cause issues to their immigration status in the UK (and therefore their right to work).

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Hamza Malik

Hamza Malik
Associate

E: hmalik@clarkslegal.com
T: 0207 539 8020
M: 07990 595 483

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Immigration team
+44 (0)20 7539 8000