2 Dr. Johnson's Buildings

This Practice Note outlines the obligations imposed on the transport industry regarding carrying passengers into the UK. These include checking travel documents of passengers to prevent clandestine entrants and providing advance electronic information to the UK Border Force about passengers or crews of ships or aircraft. It also looks at the offences that relate to the activities of carriers.

This Practice Note provides an overview of the main criminal offences relating to illegal working, including under the Immigration, Asylum and Nationality Act 2006, s 21, the Asylum and Immigration Act, s 8 and the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013, SI 2013/1460, regs 15–16. The note also discusses practical aspects of dealing with a criminal investigation and prosecution.

This Practice Note looks at some of the main categories of immigration offence as well as certain defences and avenues for challenging conviction. Immigration offences are matters that are dealt with under criminal law. They are distinct from civil penalties which, in the context of immigration, are monetary penalties levied by the Home Office when enforcing laws or regulations. Immigration offences cover a wide range of activities including entering the UK illegally; using deception to enter or remain in the UK; facilitating unlawful immigration; assisting an asylum seeker to enter the UK; assisting entry to the UK in breach of a deportation or exclusion order; human trafficking; possession and production of documents; failure to comply with the duration or conditions of leave; failure to comply with the directions of an immigration officer; failure to comply with arrangements for removal; failure to supply information when required; leasing residential premises to persons without leave; and unauthorised provision of immigration advice and services.