The Duty of UK Businesses to Prevent Illegal Workers

Can your business afford to give away £60,000? Or pay an unlimited fine? That’s the new reality for any UK businesses found to be employing illegal workers in breach of immigration laws, under new government provisions.  

If having to pay up to £60,000 per illegal worker could substantially affect the stability of your business, it is important that as an employer employing or seeking to employ migrants you ensure that your workers have the right to live and work in the United Kingdom. Migrants’ right to work should be constantly monitored and checked in line with changes in Immigration Rules even after their employment commences as part of an employer’s standard responsibilities. 

What happens if you as an Employer do not comply with the Immigration Rules? 

As an employer, you can now be fined up to £60,000 per illegal worker as a civil penalty for employing any person without the right immigration status. Your organisation’s details may also be published by Immigration Enforcement as a warning to other businesses not to employ illegal workers as part of the government's quarterly illegal working penalties reports. 

Even worse, if you are found guilty of knowingly employing an illegal worker who you know or had reasonable cause to believe did not have the right to work in the UK, then you will commit a criminal offence and may face up to 5 years’ imprisonment and an unlimited fine if your case is dealt with at the Crown Court.  

Illegal workers include: students with expired visas, students working more hours than they’re allowed to, people who have a right to work but only in certain jobs and job sectors, and people who work on a visitor’s visa. These are just a few examples, but there are many more circumstances that you may not be currently aware of! 

The sanctions that are imposed on any employer for hiring a migrant with no immigration status are serious and severe, with repercussions having the potential to damage any organisation’s revenue and reputation. As an employer you must therefore check that a job applicant or a current employee is allowed to work for you in the UK before you employ them, and you should ensure that you have the right sponsorship licence in place before you take on an employee. 

You can find out how to check a job applicant’s right to work at the following link: Checking a job applicant's right to work - GOV.UK (www.gov.uk)  

How can Black Antelope Law help your organisation? 

We provide clear and concise advice on all aspects of business immigration law in the United Kingdom with results that will allow you to: 

1. Employ and maintain the right of workers for your organisation 

2. Avoid any negative publicity and damage to your organisation’s reputation 

3. Make visa applications and/or applications for an extension of stay and settlement 

4. Undergo audits in the workplace to combat illegal working and any subsequent disciplinary issues 

5. Avoid any criminal and civil sanctions that might otherwise be enforced upon you 

6. Challenge the imposition of a Civil Penalty Notice if your employees are alleged to be working illegally 

 Our business immigration service includes keeping you up to date on relevant immigration law changes which may affect your specific organisation. We will provide you with all the relevant materials and our team will always be on hand to advise you accordingly. Your needs can be discussed in a no-obligation meeting with a simple consultation to assess the status and structure of your organisation and its compliance with the current immigration laws.  

Should you or your business require our assistance, we are available via telephone at: 0330 223 3105 or email: [email protected]