At Westkin, we have a wealth of experience in assisting businesses who want to employ individuals from outside of the United Kingdom. We understand that this can be a difficult process, so we can offer assistance to businesses who may want to iron out any issues which may arise from hiring foreign workers. We offer a unique service to employers to prevent them receiving civil penalties for employing illegal workers from the UKBA and to get the relevant penalty reduced if one is incurred. We believe that through offering this service, we can offer you and your business with piece of mind, and ensure that you’re running smoothly and effectively, and within the law.
The Immigration authorities introduced a civil penalty / fining system for employers who employ illegal workers in February 2008. This came about after a legal change under section 15 of the Immigration, Asylum and Nationality Act 2006.
It gives the UKBA the power to:
(a) Carry out enforcement and compliance visits (similar to without notice raids) find out if that an employer is employing illegal workers who do not have permission to work;
(b) If they discover any such illegal workers then they will immediately serve the employer with a document called notification of potential liability(NOPL). This lets the employer know that they are likely to be given a penalty by the immigration authorities.
(c) The UKBA civil penalty compliance team will then take a few weeks to consider evidence provided by the visiting officer or team, and will decide whether to issue the employer with a notification of liability (NOL) and a civil penalty of up to £10,000 for each illegal worker. This is a form of fine.
The employer can then choose to:
(a) pay the fine in full; or
(b) pay part of the fine and ask the Immigration team for permission to pay the civil penalty in monthly instalments; or
(c) instruct our leading immigration lawyers to submit an objection to the UKBA civil penalty compliance team against the immigration civil penalty; or
(d) lodge an appeal against the UKBA civil penalty to the County Court.
(e) the size of a civil penalty depends on many different factors. Our leading immigration lawyers have identified the following factors, the type of eligibility checks that the employer has made on its illegal workers, the number of times when the immigration authorities have issued a warning or imposed a civil penalty, and the extent to which the employer has cooperated with us the UKBA.
The civil penalty scheme sits alongside the criminal offence of knowingly employing an illegal migrant worker (section 21 of the Immigration, Asylum and Nationality Act 2006). This offence will be used in more serious cases where rogue employers knowingly and deliberately use illegal migrant workers, often for personal financial gain. It will carry a maximum custodial sentence of two years, and/or an unlimited fine.
If you need to contact our leading immigration lawyers, you can find the contact details on the right side of this page.
You can contact us via email, by phone or by using our website contact form. We look forward to hearing from you and assisting you with your business immigration matter.
Among London immigration lawyers, barristers, or solicitors, we are confident to provide professional, honest, and the best immigration legal service for our clients from local or around the world.
5th Floor, Maddox House,
1 Maddox Street
0207 118 4546
© 2019 Westkin – London Immigration Lawyers
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