Part of
New Immigration Bill A new offence of illegal working will allow wages to be seized as proceeds of crime. Anyone prosecuted for this new offence will face a sentence of up to six months in prison and an unlimited fine in England and Wales. The Immigration Bill, due to be introduced this autumn, will include a range of new powers to deter people from trying to find work here illegally and measures to deal more effectively with rogue businesses who offer them employment. It will build on last year’s Immigration Act in making Britain tougher on those with no right to be here. The aim is to crack down on abuse within employment by stopping exploitation and holding down wages and make it harder for illegal workers to find employment. The new Immigration Bill • •
illegal workers will face the prospect of a prison term rogue employers could have their businesses closed, have their licences removed, or face prosecution if they continue to flout the law.
New powers in the Bill will make it easier to prosecute an employer who knows, or reasonably suspects, that the person they employ has no permission to work in the UK. The existing evidence requirement to prove this offence will be changed in order to boost prosecutions and the current maximum sentence will be increased from two to five years. These powers will operate alongside the existing system of heavy financial penalties which is now up to £20,000 per illegal worker. Illegal workers include: • •
students with expired visas, or students working more hours than they’re allowed to people who work on a visitor’s visa
Any employer who continues to flout the law and evade sanctions could see their business closed for up to 48 hours while they prove right to work checks have been conducted on staff. The worst offenders would then be placed under special measures as directed by the court, which could lead to continued closure and compliance checks. Further new powers will also mean any pub, off-licence or late night takeaway that fails to comply with immigration laws or employs illegal workers could be stripped of their licence to operate. Consideration is also being given to extend these powers to cover minicab drivers and operators. The information contained in this article is for general information purposes only and does not claim to be comprehensive advice. If you need any assistance on this or any other issue, then please contact Kerry McGowan for more detailed information: 07970 489321. Free 1 hour consultation for all new HR & H&S clients. Thanks to Gov.uk for the information.