Dealing with actual or alleged illegal working

Employers may need to deal with actual or alleged illegal working in the course of their business.

This issue may arise:

•
at the time an employee is identified by the employer as a person who may not have the right to work in the UK, or
•
when an employer is issued with a civil penalty notice or becomes the subject of criminal proceedings relating to an illegal working offence

Dealing with an employee who does not have the right to work in the UK

Employers should ensure they have policies and procedures in place to minimise the potential of employing a person who does not have the right to work in the UK. However, doing so cannot completely mitigate the risk of illegal working occurring, eg where an employee ceases to have the right to work (perhaps due to a change

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Immigration News

Home Office updates guidance on EU Settlement Scheme for looked-after children and care leavers

The Home Office has issued an update to its guidance on the EU Settlement Scheme (EUSS) for looked-after children and care leavers.

Migration Observatory reports on housing and homelessness trends among UK migrants

The Migration Observatory has produced a briefing looking at statistics on migrants' housing situations in the UK. Key findings include that 22% of households assessed as homeless or at risk of homelessness in 2023/2024 were headed by non-UK citizens. In response to rising homelessness among new refugees, the Home Office has extended the notice period for leaving asylum accommodation from 28 to 56 days under a six-month pilot ending June 2025. The report also highlights that while social housing allocations are not based on immigration status, most temporary migrants are ineligible due to the ‘No Recourse to Public Funds’ condition. Despite this, the proportion of new social housing lettings to non-UK nationals in England has increased from 6% to 10% between 2007/08 and 2022/23, reflecting the growing share of non-UK citizens in the population. The report also looks at home ownership rates of migrants, how much people spend of their net income on rent in London, and whether migration contributes to increases in average UK house prices.

European Commission reports on visa-free travel compliance

The European Commission has published its seventh report under the Visa Suspension Mechanism, evaluating partner countries' adherence to visa-free travel requirements. The Commission has noted that while some progress has been made, several countries still need to align their visa policies with the EU. Concerns were raised about Georgia's compliance, and the potential activation of the visa suspension mechanism was mentioned. The report also highlighted issues with Eastern Caribbean countries' screening procedures and an increase in asylum applications from visa-free Latin American countries. The Commission is urging swift adoption of its proposed revisions to the visa suspension mechanism to address these challenges.

the3million and ILPA call for more eVisa changes

the3million and the Immigration Law Practitioners' Association (ILPA) have issued a joint letter to the Immigration Minister addressing concerns surrounding eVisas and recent travel documentation changes. This correspondence follows a ministerial statement on 4 December 2024, which allows for the use of Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) which expire on and after 31 December 2024 for travel back to the UK until 31 March 2025. The letter notes that, while welcome, the measure excludes certain cohorts, including those whose documents expire between 31 October and 30 December 2024 and persons with Immigration Act 1971, section 3C leave. It also raises concerns about carriers' liability and potential boarding denials, urging for urgent remedial measures. Proposals include exempting carriers from section 40 of the Immigration and Asylum Act 1999 charges and return costs for passengers travelling with expired BRP/Cs or where systems are down and who are refused entry at port. The organisations are also calling for the further rollout of the Electronic Travel Authorisation (ETA) scheme to be postponed.