Civil Penalty Under UK Immigration Act
Receiving a Civil Penalty Notice can have severe consequences for your organisation. It can damage your reputation and lead to financial losses. The media may become aware of the notice, which could further harm your image, resulting in declining clients and difficulty attracting talented staff.
Section 15
Under Section 15 of the Immigration, Asylum and Nationality Act 2006, all organisations in the UK must carry out Right to Work checks on employees to ensure they have permission to work in the UK. If an employer is found to have employed illegal migrants, Immigration Enforcement has the power to publish the business details, which could deter other businesses from hiring illegal workers.
At Legal Pathway Solicitors, our team of experts can help you minimise the damage caused by a Civil Penalty Notice.
Why Are Civil Penalty Notices Issued?
Civil Penalty Notices protect the UK’s labour market by penalising employers who violate UK immigration laws by employing illegal migrants. Employers who exploit illegal workers by paying them poorly are penalised under the Civil Penalty regime. The regime also penalises employers who have failed to conduct right-to-work checks on employees, thereby inadvertently employing illegal workers.
How Much Is The Fine for Employing an Illegal Worker?
The fine for employing an illegal worker can be up to £20,000 per illegal worker. Business owners who knowingly employ someone who does not have the right to work in the UK could face up to five years of imprisonment and unlimited fines.
How Can a Civil Penalty Notice Be Challenged?
Business owners who receive a Civil Penalty Notice are given 28 days to respond. You have three options:
- Make representations against the Civil Penalty.
- Accept the fine and request an instalment plan from the Home Office to pay the fees in full.
- Accept the penalty and pay the fine in full.
A notice can be challenged on several grounds:
- The employer had a ‘statutory excuse’- i.e.; the employer carried out Right to Work checks on the employee.
- The employer reported the illegal workers in the notice to the Home Office.
- Mitigating factors were not considered by the Home Office, such as no previous breach of sponsor license.
- The people named in the notice do not work for the employer.
- The Home Office acted outside its powers.
To learn more about how we can assist you with a Civil Penalty Notice, please contact our offices at 0203 004 9956 or complete our online enquiry form to schedule an appointment.
