In the UK, if an employer is found to be employing an illegal worker, the maximum fine for a first time breach has increased to £45,000. For repeat offences, the penalty can rise to £60,000 per illegal worker. Employers with a sponsor licence who fail to comply with illegal working prevention duties may also face downgrading or revocation of their sponsor licence.
Employers can also face criminal sanctions for employing illegal migrants. If they knowingly hire someone without the right to work in the UK, they can face up to five years in prison and an unlimited fine. This applies if the employer had reasonable cause to believe the worker did not have the right to work, such as:
- The worker’s leave had expired.
- The worker wasn’t allowed to do certain types of work.
- The worker provided false or incorrect documents.
Employers who fail to carry out proper right-to-work checks may receive a ‘referral notice’ indicating that their case is under review, which could lead to a civil penalty. If found liable, they’ll receive a ‘civil penalty notice’ and will have 28 days to respond or object.
Additionally, the employer’s business details may be publicly listed by Immigration Enforcement as a warning to others.
It’s critical to conduct thorough right-to-work checks to avoid these penalties.
