Businesses that employ migrants illegally will see fines more than triple in the biggest fee hike since 2014.
This week, minister for immigration Robert Jenrick raised the civil penalty for employing someone illegally to £45,000 per worker, up from £15,000. Repeat breaches could attract a fine of up to £60,000, up from £20,000. Landlords who rent properties to illegal migrants will also face higher fines.
The sharp increase comes as part of a range of measures within the government’s controversial “stop the boats” policy, aimed at reducing the number of migrants who try to enter the UK via the English Channel rather than official routes.
Ministers claim the promise of work and housing is luring people into making dangerous journeys, arguing that fines for employers will deter people from trying to enter the country illegally.
Right to work checks
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Jenrick said: “Making it harder for illegal migrants to work and operate in the UK is vital to deterring dangerous, unnecessary small boat crossings.
“Unscrupulous landlords and employers who allow illegal working and renting enable the business model of the evil people smugglers to continue.
“There is no excuse for not conducting the appropriate checks and those in breach will now face significantly tougher penalties.”
Chetal Patel, head of immigration and a partner at law firm Bates Wells, said the government is sending a “clear message that immigration compliance is taking centre stage and it’s here to stay”.
“A whole-government approach is taken when it comes to tackling illegal migration,” she said. “The tripling of fines is a clear signal that employers should be completing right to work checks on their staff before their employment commences and have processes in place to conduct follow-up checks when required.”
Patel added that the increased fines should encourage employers to review their right to work checks. This could include creating a right to work checklist or using the government’s own checklist, and ensuring recruitment and HR teams are regularly updated and trained in new developments.
Some examples of where an employer could fall foul of the rules include if an overseas student is hired but they work over their restricted hours, if an expiry date on an immigration status document is misread, or follow-up checks are not carried out before a visa expires.
“Illegal working can risk putting vulnerable people into exploitation and it’s important that employers play their part to prevent the abuse of our immigration system. I’d expect employers to be on alert now,” she said.
“It will be interesting to see if this latest move by the government has the desired effect or if the can is kicked further down the road.”
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The government said it had stepped up visits by immigration enforcement bodies, and these are now at their highest levels since 2019. It added that it had already arrested more people in 2023 so far than during the whole of 2022 as a result.
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