The following Immigration practice note Produced in partnership with Daniel Bunting of 2 Dr. Johnson's Buildings provides comprehensive and up to date legal information covering:
This Practice Note provides an overview of the main criminal offences relating to illegal working and discusses practical aspects of dealing with a criminal investigation and prosecution. For information on the civil penalty regime relating to illegal working, see Practice Note: Illegal working: dealing with a civil penalty.
This Practice Note covers the law as it applies to England and Wales only.
This Practice Note focuses on prosecution under section 21 of the Immigration, Asylum and Nationality Act 2006 (IANA 2006), however, for information on other illegal working offences, see Other offences below.
The main illegal working offence is contained in IANA 2006, s 21. This offence is committed if, on or after 12 July 2016, an employer employs anyone knowing or having reasonable cause to believe that they are a ‘disqualified person’.
A person is a disqualified person if:
the person has not been granted leave to enter or remain in the UK, or
the person’s leave to enter or remain in the UK:
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
is subject to a condition preventing the person from doing work of that kind
It expected that 'employs' in new IANA 2006, s 21(1A), as introduced by section 35 of the Immigration Act 2016 (IA 2016), will be interpreted
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This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
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