Illegal Working and Civil Penalties

Illegal workers can be;

• students working more hours than what’s permitted and who have expired visas;
• people who work on a visitor’s visa;
• those overstaying their permission to stay;
• people entering the UK illegally and have had no immigration control;
• also, people who are legally in the UK but their right to employment, paid or unpaid, is not allowed.

All employers should follow a process to ensure that prospective employees have the right to work in the UK. They should obtain specific documents which establish the individual’s right to work. Additionally, they should check the validity of those documents and copy the appropriate documentation.

It’s very important to carry out these checks. However, if you don’t, you can receive a penalty by employing an illegal worker.

You may face civil penalties if you’re found guilty of employing someone who you knew or had ‘reasonable cause to believe’ didn’t have the right to work in the UK. You can receive a jail sentence of up to five years and pay an unlimited fine. Also, you can face these charges if you had reason to believe that;

• they didn’t have leave permission to enter or remain in the UK;
• their leave had expired;
• they didn’t have permsision to do certain types of work;
• their papers were incorrect or false.

Additionally, you may get a ‘referral notice’ to let you know you may have to pay a civil penalty (fine) of up to £20,000 for each illegal worker. If you’re liable you’ll have 28 days to respond to a ‘civil penalty notice’.  Also, it will provide you with information on your opportunity to object to the decision and appeal. Also, there are the commercial consequences as the Immigration Enforcement team can publish business details of those found to be employing illegal workers. If you don’t pay the penalty notice or comply with appeal deadlines you’ll be subject to enforcement action against you. Additionally, having civil penalties pending against you can have an adverse effect on your immigration status or any future immigration applications you apply for.

Our solicitors at Kidwells can assist you with appeals to civil penalties and represent you during court proceedings. Furthermore, we can help you complete the necessary ‘right to work’ checks and guide your management team through the process. This includes helping you to ensure original qualifying documents are checked and that those documents are valid in line with immigration criteria and presented with the applicant present. Finally, we’ll ensure your copies are kept and verification procedure recorded properly.