Illegal working: dealing with a civil penalty
Produced in partnership with Jacqueline Moore of Shepherd and Wedderburn and Ben Amunwa of 36 Civil IMM

The following Immigration practice note produced in partnership with Jacqueline Moore of Shepherd and Wedderburn and Ben Amunwa of 36 Civil IMM provides comprehensive and up to date legal information covering:

  • Illegal working: dealing with a civil penalty
  • Main events that may prompt Home Office to take civil penalty action
  • Discovery of illegal employment by the Home Office during a sponsor licensing visit
  • Following receipt of intelligence from an employer
  • Following receipt of intelligence from a third party
  • Targeting of ethnic minority-owned businesses
  • The procedure followed by the Home Office in a civil penalty action
  • Stage 1—Determining liability
  • Stage 2—Determining the level of breach
  • Stage 3—Determining the penalty amount
  • More...

Illegal working: dealing with a civil penalty

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note discusses practical aspects of dealing with a civil penalty for illegal working on behalf of an employer. It covers the main events that may prompt a civil penalty and the procedure under which civil penalties are issued, paid and challenged.

A civil penalty may be levied against an employer under section 15 of the Immigration, Asylum and Nationality Act 2006 (IANA 2006).

It was also possible for a civil penalty to be levied under regulations 11–14 the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013, SI 2013/1460 (the Croatian Worker Authorisation Regs 2013), for employment of a Croatian citizen or their family member contrary to worker authorisation requirements between 1 July 2013 and 30 June 2018. These regulations have not been formally revoked, however Croatian citizens and their family members ceased to be

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