Civil Penalty for Employers
The civil penalty is in place to ensure that employers of migrant workers comply with their immigration obligations, and that all personnel possess adequate permission to work within the United Kingdom. Employers that are in breach of immigration rules are likely to experience financial, operational and reputational damage as a result. A rise in illegal employment has resulted in an increase in United Kingdom Visa Immigration (UKVI) civil penalty notices being served on employers.
The consequences of a civil penalty for illegal employment are:
Financial penalty – The fine could be up to the value of £20,000 per illegal employee.
Criminal Offence- It is a criminal offence to employ someone without the appropriate permission knowingly. There could be up to two years imprisonment.
Business Licence Revocation – Other sanctions could be imposed including the revocation of a business licence.
Employer’s business credibility- A civil penalty may be recorded in the Home Office database and would affect the employer’s ability to apply for a Tier 2/ Tier 4 sponsorship licence.
Enforcement action: If the employer failed to pay the penalty on time, the Home Office may initiate an enforcement action. In this case, the company’s credit ability and directors capacity could be affected.
Employers own immigration application: When the employer is personally subject to immigration control, then his personal immigration application could be refused on the grounds of poor character, conduct and associations. The civil penalty is one of the factors which raises doubt about character and conduct.
If you have been issued with a Civil Penalty Notice for employing an Illigal Immigrant, it is always important to obtain professional legal advice at the earliest opportunity. At Eldons Berkeley solicitors, our experienced lawyers will assess your circumstances and provide you with a practical solution. Call us today on 020 7440 7744 to discuss your matter further. Or, fill out the contact form below.
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