Illegal Workers

As of July 2017, under section 24B of the 1971 Act, an individual pledges the offense of illegal working if he or she is:

• Subject to immigration control;
• Working in the UK;
• Disqualified from working by his or her immigration status; and
• Has knowledge or reason to believe that they should not be working in the UK because of their immigration status.

It is important to note, as a migrant worker, the penalties that you could face for working in spite of the law.

You could face a six-month prison sentence and an unlimited fine if you are found to be an illegal worker without the correct paperwork. Additionally, any income you make in this time may be seized by the Home Office.

As a business owner, it is important to be aware of the penalties for ignoring the laws outlined by the Home Office. Employers must confirm that all workers have the right to work in the UK and the correct documents to prove this.

Employers could be subject to penalties if:

• They hire workers who are not eligible to work in the UK; or
• They have not carried out the correct employment checks before offering the job.

In the event of these things not being carried out, an employer may receive a referral notice from the Home Office. This referral notice will let them know that their business will be investigated. This investigation could result in fines of up to £20,000 per illegal worker.

The employer may then receive a Civil Penalty notice which must be responded to within 28 days. The notice will include details on how to pay fines, the next steps and how to appeal (see next FAQ).

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

We recommend getting help from an immigration expert if you are worried about a UK illegal immigration issue.

Working illegally in the UK can negatively affect any applications you make in the future for all visa types.

By getting in touch with one of our expert immigration advisers, you will be able to discuss the different Work Permit options available to you. This will help you regulate your status and ensure you are not penalized by the Home Office.

Employing illegal workers in the UK may result in a fine and a warning called a Civil Penalty.

This can seriously affect a company’s reputation and can even cause a company to close down.

If a company receives a fine from the Home Office because their employees are working illegally, they will have 28 days to respond.

They can either:

• Object to the penalty;
• Request that a payment installment plan be set up; or
• Pay the penalty in full.

This 28-day deadline is very strict and there is no chance of extension.

It is highly advisable to seek the help of an immigration lawyer in the event of a Civil Penalty. We can offer advice on options and help with the appeal process.

The lawyers at IAS have experience with many cases of helping businesses after receiving a Civil Penalty. We also help those who are concerned they are committing UK illegal immigration offenses.

Our services are confidential and we aim to offer the best quality support and guidance we can.

For UK employers, we will:

• Help with Sponsor License applications to legally employ workers;
• Perform an Immigration Audit to check current HR methods;
• Find the best solution if the business has received a Civil Penalty;
• Act as legal representation for any appeals;
• Prepare the company for a visit from UKVI;
• Maintain contact with the Home Office.

For employees, we will:

• Assess whether you are working in the UK legally;
• Assist with an application for a Work Permit;
• Correspond with the UK sponsor to receive the correct Certificate of Sponsorship;
• Advise on any Work Visa extensions;
• Help switch visa categories if necessary;
• Assist with switching from a Work Visa to ILR or Citizenship.

Get in touch with us to discuss your options if you are worried you may be working illegally in the UK.