Illegal Workers

As of July 2016, under section 24B of the 1971 Act, an individual pledges the offence of illegal working if he or she is:

• subject to immigration control;
• employed in the UK;
• disqualified from working in the UK due to his or her immigration status; and
• at the time, has knowledge or reason to believe that they should not be working in the UK based on his or her immigration status.

For employers, it is important to be aware of the penalties that you could be subject to should you be found to have ignored the law. As an employer, you must ensure that your employees have the right to work in the UK, and you must also ensure that your employees’ documents are valid.

Employers are liable for their employees and could be subject to penalties if they;

• hire workers who do not have the correct eligibility to work in the UK; or
• have not carried out extensive employment checks prior to hiring.

In the event that the above actions have not been carried out, the employer may receive a referral notice from the Home Office. This referral notice will notify the employer that their case is being considered and that the investigation could result in the employer having to pay a fine of up to £20,000 per illegal worker.

The employer may subsequently receive a Civil Penalty notice and have up to 28 days to respond to this notice. The notice will detail how to pay the fines, what the next steps are, and also how to appeal the decision (see next FAQ).

Your business’s details could also be published by Immigration Enforcement as a warning to other businesses not to employ illegal workers.

It is highly important that, as an individual migrant worker, you understand the penalties you could face should you be found to have ignored the law.

You could face a six-month prison sentence with an unlimited fine if you are found working without the rightful paperwork. In addition, any income you earn as a result of working illegally may be seized by the Home Office.

If you are worried that you might be working illegally in the UK then it is highly advisable that you seek the guidance of an immigration specialist.

Working illegally in the UK can have a negative impact on any future applications you may make for a UK visa or work permit.

If you get in touch with one of our highly-equipped immigration lawyers, they can take you through the different Work Permits that are available to you and help you legitimise your position in the UK.

As an employer of overseas talent, there are certain sponsorship duties which you must fill.

Firstly, if you do not already have one, you must obtain a Sponsor Licence before employing any non-EEA workers on Tier 2 or Tier 5 Visa.

Once you have obtained such a licence, you must then issue a Certificate of Sponsorship to every prospective Tier 2 and Tier 5 migrant worker. This will enable them to apply for a work permit or visa, or extend their current stay in the UK.

You must also ensure that you update your Sponsorship Management System (SMS) to keep relevant records and reports in relation to your workers. This includes ensuring they meet their visa regulations and reporting any breaches that may arise to the Home Office.

Our immigration lawyers can assist you with any issues you may have when looking to employ and sponsor migrant workers. Our services include assisting with Sponsor Licence applications and performing compliance checks. With this, we will make sure that your employment methods are functioning legally, and resolve any instances where they are not. We also offer appeal services if you have received a discipline, such as a Civil Penalty, from the Home Office.

If you are employing migrant workers illegally in the UK, you may receive a fine and a warning from the Home Office called a Civil Penalty.

Receiving a Civil Penalty can be detrimental to employers, as it may result in high costs, can negatively affect a company’s reputation and even cause a company or business to be closed down.

If you have received a fine for employing workers illegally you will be given 28 days in which to proceed with one the three of the following options:

• You can choose to object to the penalty;
• You can directly request that a payment instalment plan is set up by the Home Office; or
• You can pay the penalty in full.

The Home Office’s 28-day deadline is very strict and they offer no option for an extension of this period.

If you have received a Civil Penalty for employing illegal workers, it is highly advisable that you seek the help of an immigration lawyer, who can offer urgent assistance with our appeal package.