UK Government warns illegal working fines to triple: simple steps to avoid penalties
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Fines are set to more than triple for employers and landlords who employ or rent to UK immigrants without permission to work or rent the Immigration Minister has announced. We understand that these higher immigration violation fines are due to start in the beginning of next year.
鈥淭here is no excuse for not conducting the appropriate checks and those in breach will now face significantly tougher penalties,鈥 . There are indeed simple checks that can easily be carried out to protect yourself, though it is all too easy to make mistakes too.
Employers in the United Kingdom will face penalties surging from up to 拢15,000 to up to 拢45,000 per illegal worker for a first breach. Repeated breaches will land employers with fines of up to 拢60,000 per worker 鈥 up from a current 拢20,000.
The penalty for renting to an immigrant who doesn鈥檛 have permission will rise to up to 拢5,000 per lodger and 拢10,000 per occupier for a first breach (up from 拢80 per lodger and 拢1,000 per occupier).
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Repeat breaches will land landlords with fines of up to 拢10,000 per lodger and 拢20,000 per occupier (up from 拢500 and 拢3,000 respectively).
The Home Office warned it would 鈥渃onsult on options to strengthen action against licensed businesses who are employing illegal workers.鈥 Immigration enforcement activity has already been stepped up with visits including those targeting illegal working, now at their highest levels since 2019.
Simple steps firms can take to avoid illegal working penalties
There are simple steps all employers should be taking to avoid such fines using the digital and physical checks regime in place since pandemic measures allowing remote checks ended last October. These are not changing with the new penalties. The digital and documentary checks can avail themselves of are not changing either.
It鈥檚 good practice for employers to carry out regular compliance audits and we can help advise on and help conduct such reviews of checks, record-keeping and sponsor licence duties. Feel free to contact me for more information.
Firms in the UK should be conducting in-person checks on prospective employees if聽presented with physical documents, other than a Biometric Residence Card (BRC), a Biometric Residence Permit (BRP) or a Frontier Worker Permit (FWP), which are no longer accepted as physical evidence of right to work since April 2022.
Alternatively, if the documents presented for Right to Work checks are valid British and Irish passports or Irish passport cards, employers can use one of the certified Identity Service Providers (IDSP) using Identification Document Validation Technology (IDVT) to check one of the above valid documents. 聽
When an employer is using one of the government certified IDSPs we advise that they keep legible, unalterable copies of Right to Work checks for up to two years after employment ends before destroying them. They should also carry out their own due diligence to satisfy themselves that the service provider has completed the check correctly, and that the photograph and biographic details on the IDVT identity check are consistent with the new employee turning up for work.
If a new employee has an eVisa, BRC, BRP, FWP or has EUSS status, employers should conduct an online right to work check using the free Home Office online checking service.
NB: IDSPs may offer to check prospective employees who are not British or Irish, but unless an employer keeps a record of having done their own check (typing a prospective employee鈥檚 into the Home Office online ) they have no statutory excuse to protect themselves from a penalty if it turns out that their employee has no right to work in the UK at any stage.聽 Employers cannot rely on checks carried out by IDSPs using the Home Office online service to establish a statutory excuse against the soaring civil penalties.
It is all too easy to make small mistakes such as conducting a right to work check after a new employee has started work (including as part of their induction on their first day) or as mentioned above, relying on an IDSP for a check on an employee who is not British or Irish, or whose passport has expired. Please feel free to to discuss your checks, any issues migrant workers, or to arrange a review of your compliance procedures.