Head Office:
5th Floor Maddox House, 1 Maddox Street, Mayfair, London, W1S 2PZ

Civil Penalties

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.

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.

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.

Westkin Associates

info@westkin.com

17 Hanover Square, Mayfair

London
W1S 1HT
United Kingdom

0207 1184 546

© 2019 Westkin – London Immigration Lawyers

Submit your review
1
2
3
4
5
Submit
     
Cancel

Create your own review

Westkin Associates
Average rating:  
 0 reviews

Immigration Cases

What we're saying

@westkinlaw

IMMIGRATION BLOG

Read All

  • Is the government preparing for a war on asylum seekers?

    In the 2019 Conservative party manifesto, there is one mention of asylum seekers and refugees. This statement claims that the government will continue to support ...

    Read More

  • US killing of Soleimani and the affect on Iranian and Iraqi citizens in the UK

    On Friday, 3 January 2020 the US president Donald Trump ordered an airstrike at Baghdad airport which resulted in the death of Qasem Soleimani, who ...

    Read More

  • A love letter to Lady Hale

    Lady Hale has long been revered by law students, particularly female law students, so it was with some delight that I watched her catapulted into ...

    Read More

  • Legal update for OISC professionals: Reported judgements from December

    December seems to have brought forth a raft of reported decisions which are not necessarily favourable for appellants but are at the very least interesting ...

    Read More

  • How do fresh claims and further submissions work in asylum cases?

    If a person has claimed asylum in the UK and that asylum claim is refused by the Home Office, a person has a right of ...

    Read More

Paste your AdWords Remarketing code here