Huge increase in fines for employing or renting to irregular migrants from Feb 13

LONDON Feb 3: As of Tuesday 13 February, the overall maximum illegal working civil penalty has increased from £20,000 to £60,000. In addition, the starting point for a first breach has risen from £15,000 to £45,000.

The amounts are applied per illegal worker identified. The criminal implications remain unchanged – employers can still face a maximum five-year prison sentence for knowingly employing individuals who don’t have the right to work.

A civil penalty can be avoided if an employer establishes a statutory excuse by carrying out a right to work check in line with the Home Office’s guidance, and ensuring that checks are properly recorded and retained for the necessary length of time. There is also a requirement to conduct follow-up checks for workers whose immigration permission is time-limited.

Employers are advised to review their current recruitment practices and right to work checking processes to minimise the risk of incurring penalties. They should also ensure those who are responsible for conducting right to work checks are trained to do so and fully understand the requirements.

Click to Read Full Govt Notification

Renting to disqualified person

The Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2024 increases the maximum penalty that may be imposed on a landlord or agent who contravenes section 22 of the Immigration Act 2014 from £3,000 to £20,000 per irregular occupier.

According to the Order’s explanatory memorandum: “[T]he Government aims: to change the behaviour of rogue landlords; to eliminate any financial gain or benefit from non-compliance; to tackle the harm caused by regulatory non-compliance, where appropriate; and to deter future non-compliance. As is the case now, the maximum penalty will only be levied on a landlord who breaches the Scheme on more than one occasion by entering into a residential tenancy agreement with a disqualified person.”

Click to Read Right to Rent Scheme for landlords and their agents from Feb 13, 2024

Employing illegal worker

The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2024 increases the maximum penalty for employing a person who is disqualified from working by reason of their immigration status from £20,000 to £60,000 per illegal worker.

The Government says the increase is intended to act as a deterrent and send a clear message that only individuals with a right to work in the UK can secure employment.

Accompanying the two orders is the Immigration (Restrictions on Employment and Residential Accommodation) (Codes of Practice) (Amendment) Order 2024. It brings into force revised codes of practice that set out the factors to be taken into account when determining the level of penalty to be issued for contraventions of the Right to Work and Right to Rent Schemes.

An updated code of practice that will come into force from 13 February 2024 for the Right to Rent Scheme is available here on GOV.UK.