The Home Office Has Visited Your Business — What Happens Next
If Immigration Enforcement has visited your business, you are at the referral stage. No penalty is owed yet. What happens next is that the Home Office decides whether to issue a civil penalty notice, and that decision is made on the records you hold and the explanation you give. The evidence you preserve now is worth considerably more than evidence assembled after a notice arrives.
Tell us what happened
- What date did the Home Office visit?
- Were you given any paperwork on the day, and what does it say?
- How many workers were involved?
- Have you received a referral notice or an information request since?
- Do you hold a sponsor licence?
- Has any deadline been given, and what is the date?
Call 0203 524 5439 today. Same-day document review is available where a deadline is running.
What an enforcement visit means
A visit is not the same as a civil penalty notice. It is an evidence-gathering event that may be followed by a referral, questions about particular workers, a request for information or a decision that no further civil-penalty action is required. The exact legal powers exercised depend on what happened and the paperwork provided. Preserve that material and obtain advice on the specific visit rather than relying on general assumptions.
The immediate task is to establish a reliable chronology: who attended, what was said, which workers were questioned, what documents were examined or taken, what paperwork was left and whether any follow-up deadline was given. Record the facts while they are fresh, but do not speculate or alter records.
What a referral notice does — and does not — mean
| It may mean | It does not automatically mean |
|---|---|
| The case has been referred for a civil-penalty decision. | That a civil penalty has already been imposed or is already payable. |
| The Home Office is considering the workers and evidence identified during the visit. | That every allegation made during the visit has been proved. |
| Your records and response may affect what happens next. | That you should recreate, back-date or “improve” historic documents. |
| There may also be sponsor-licence implications if you are a sponsor. | That a sponsor-licence decision has necessarily been made. |
This is the window in which organised, contemporaneous evidence can make the clearest difference. Once a penalty notice is issued, a formal deadline runs and the case moves into the objection process.
Preserve these records now
Personnel files
Keep the full file for every worker involved, including recruitment and onboarding material.
Right to work records
Preserve copies, check dates, follow-up records and evidence of who completed each check.
Digital evidence
Retain share codes, online-check profiles and any saved result from the Home Office service.
Work records
Keep rotas, payroll records and contracts relevant to the workers and dates in question.
Home Office material
Keep every letter, notice, email and document handed over or received before, during or after the visit.
Your chronology
Record who attended, the order of events and what was requested or said, without embellishment.
What not to do after the visit
- Do not amend or back-date records. Preserve the historic file as it stood. Any corrective record should be clearly dated and kept separately from the original evidence.
- Do not destroy apparently unhelpful material. Keep a complete record and obtain advice on relevance.
- Do not dismiss a worker before taking advice. Immigration status, right to work and employment-law obligations need to be considered together.
- Do not send a hurried explanation that has not been checked against the documents. Inconsistencies can make a later response harder.
- Do not ignore sponsor risk. If you hold a sponsor licence, the same facts may need to be assessed for sponsor-compliance consequences.
The stages from visit to decision
| Stage | What to do | Relevant service |
|---|---|---|
| Visit or referral; no penalty yet | Preserve evidence, establish the chronology and respond carefully to any request. | This page and urgent document review. |
| No penalty, but system gaps found | Review the remaining workforce and repair the checking process. | Right to Work Compliance Audit — no penalty yet? Close the gaps now. |
| Civil penalty notice received | Check the due date, assess the statutory excuse and mitigation, and prepare the correct response. | Civil penalty defence review. |
| Formal objection required | Prepare evidence and representations within the deadline stated by the statutory process. | Civil penalty objection service. |
If a civil penalty notice arrives
Read the notice and identify the due date immediately. The 28-day objection and payment period is calculated by reference to the due date specified in the notice, not simply the day on which the envelope reached you. Keep the envelope and all delivery evidence, and do not assume that informal correspondence pauses the statutory clock.
The next review should address each worker separately: what check was carried out, when it was completed, whether it was the correct type of check, what evidence was retained, whether permission was time-limited and what mitigation is documented. A sponsor licence adds a separate risk assessment; the penalty response and sponsor position must be consistent.
How NA Law Solicitors can help at the referral stage
We can review the paperwork left at the visit, help you identify the immediate deadline, organise the evidence and advise on the legal route appropriate to the current stage. Where an information request needs a response, the documents and explanation should be assessed together. Where no notice has arrived, we can also identify workforce-wide gaps that should be addressed through a separate audit.
We give candid advice. If the records support a statutory excuse or a strong factual response, we explain why. If an historic gap cannot be cured retrospectively, we distinguish that issue from lawful corrective steps for the present and from any mitigation that may be available.
Questions after a Home Office visit
Do I owe a civil penalty as soon as the Home Office visits?
No. A visit or referral is not itself a civil penalty notice. A penalty becomes a live payment and objection issue only if the Home Office issues the relevant notice.
Should I send every document immediately?
Meet any genuine deadline, but first identify exactly what has been requested and check the material for completeness and consistency. Preserve everything even if only part of it needs to be supplied.
Can I correct our right to work process now?
Yes, current and future compliance should be addressed. However, a new check does not automatically change what happened historically. Keep original and corrective records clearly separated and dated.
What if we hold a sponsor licence?
The facts may have civil-penalty and sponsor-compliance consequences. Tell your solicitor at the start so both risks can be assessed and the response remains consistent.
When should I obtain legal advice?
As early as possible after the visit, and immediately if a deadline, referral notice, information request or civil penalty notice has been received.
Request an urgent document review
Provide the visit or letter date, the number of workers involved, whether you hold a sponsor licence and the exact wording of any deadline.
NA Law Solicitors is authorised and regulated by the Solicitors Regulation Authority, SRA No. 645049. Office: 8 Kew Bridge Road, Brentford, TW8 0FD. This page provides general information and is not a substitute for advice on your circumstances.