Immigration Crime

Are you an employer?  Do you check that your employees are entitled to work in the United Kingdom?

Illegal working has a serious impact on communities by taking jobs from those who are genuinely allowed to work in the United Kingdom and employers have, since 27 January 1997, had a duty to check that all new employees are entitled to work here.

Illegal immigration can also be facilitated by organised crime gangs who exploit victims for profit.

If the UK Border Agency (UKBA) identify an illegal worker the employee will be returned to their country of origin and the employer will be subject to various sanctions, including a £10,000 fine per illegal worker found and, if UKBA can prove that the employer knew the employee was illegal, a custodial sentence of up to 3 years.

Every year, the UKBA imposes civil penalties on thousands of companies which failed to carry out legally-required checks on their staff.  So before you employ anyone you should verify their identity, nationality, right to be in the UK and right to work in the UK.  

If you are an employer and are unsure of the steps you need to take to avoid employing illegal workers you should visit the “preventing illegal working” section of the UKBA website (www.ukba.homeoffice.gov.uk) or call  the UK Border Agency's employers helpline on 0300 123 4699.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking

Case study

• Two illegal workers, with no right to be employed in the UK, were caught in a raid at a restaurant by UKBA officers in Holywood, Co Down on 1 September 2011.  The enforcement operation was carried out as part of a nationwide campaign to tackle immigration crime.

The employees were arrested for overstaying their visas and detained pending their removal from the UK.  The restaurant owners were issued with a civil penalty notice for employing them and if they are unable to prove they conducted the correct pre-employment checks for staff they may be liable for a fine of up to £20,000 (£10,000 per employee).

• An illegal worker with no right to be employed in the UK was detained after UKBA officers found him working in a restaurant in Belfast.  The raid, on 23 August 2011, was part of a nationwide campaign to tackle immigration crime.  

Again the employee was arrested for working after overstaying in the UK and detained pending his removal from the UK and the restaurant owners were issued with a civil penalty notice for employing him.  If they are unable to prove they conducted the correct pre-employment checks before giving the man a job - such as asking for a passport or a Home Office document – the employers may be liable for a fine of up to £10,000.

Help us tackle immigration crime by contacting Crimestoppers anonymously on 0800 555 111 if you suspect that illegal workers are being employed at a business