Q&As

Can an employer continue to employ a person with leave to enter or remain as the partner of a British citizen or settled person, where they become aware that the employee’s relationship with their partner has broken down?

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Published on LexisPSL on 31/01/2017

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can an employer continue to employ a person with leave to enter or remain as the partner of a British citizen or settled person, where they become aware that the employee’s relationship with their partner has broken down?

The current system of civil and criminal penalties for employers who hire illegal workers covers employment commenced from 29 February 2008 under the Immigration, Asylum and Nationality Act 2006 (IANA 2006) (although there have been various changes to the regime since then).

A person is an illegal worker if they are a person aged 16 or over who require leave to enter or remain under the Immigration Act 1971 and:

  1. they have not been granted leave to enter or remain in the UK

  2. their leave to enter or remain is not valid or has ceased to have effect for any reason, or

  3. their l

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