Preventing Illegal Working

More and more employers are receiving early morning visits from the Immigration and Nationality Directorate (IND) on the lookot for contravention of legislation governing the employment of foreign staff. Most employers are aware that it is an offence to employ anyone who does not have the appropriate permission to work in the UK. Ensuring that a prospective employee who hails from outside the EEA has the appropriate visa, is every bit as much a part of the recruitment process as ensuring the individuals has the necessary qualifications. There are limited circumstances where a defence to a charge will be available and, to compound matters, the legislation is not straightforward. Against that background it is a daunting experience for employer and employee to try to pick up the pieces following a "dawn raid" by the IND.

Last month, the Government issued a strategy paper setting out plans to enforce UK Immigration Laws, while making it easier for employers to determine whether migrants have permission to work in the UK. The paper gives examples of recent enforcement initiatives which employers would be wise to bear in mind. For example, in one case an employer received an £8000 fine for employing illegal workers as a result of investigations by the Immigration Service and HMRC.

The Government intends to take action against employment agencies that knowingly supply illegal migrants to employers and, if necessary, prohibit anyone whose actions show that they are unsuitable to run an employment agency. It also plans to fast track the implementation of civil penalties for employers of illegal migrant workers by December 2007, including higher financial penalties for employers who re-offend. The Government is also considering using existing powers to apply to the courts to disbar company directors convicted of an offence in connection with the management of a company, such as knowingly employing illegal workers. Importantly, the Government's plans also include adding extra prosecution staff in the Border and Immigration Agency (BIA) to increase the rate of prosecution for such offences.

Meanwhile, to help employers, the Government intends to provide a one-stop identity checking service. A pilot service is being launched this month which will advise on the authenticity of identity documents and check if specific individuals have the right to work. The Government is also looking into extending this project. In the long term, the Government intends to overhaul the immigration laws making them clear and easy to understand. As a key part of this simplification, a Points-Based System is being introduced for work and study, which, it is intended, will be easier for applicants to understand and for the BIA and UKvisas to manage.

Keep an eye on future editions of Lawline for further updates. In this meantime, if you would like any advice or assistance in relation to complying with immigrations laws or the employment of migrant workers, please contact Roslyn Macdonald on 0131 271 4130 or email [email protected]