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Immigration Solicitors

Tougher Penalties for Hiring Illegal Workers (12 April 2008)

Date: 12/04/2008
Duncan Lewis, Immigration Solicitors, Tougher Penalties for Hiring Illegal Workers

The Government is introducing new measures aimed at preventing illegal working in the UK. Under a new system of civil penalties, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison.

The new measures will take effect in February 2008 and are part of a shake-up of the entire immigration system. This includes the introduction of a Points Based System for managing migration, which will consist of a five-tier framework. For each tier, applicants will need sufficient points to obtain entry or leave to remain in the UK. All but the most highly skilled immigrants will require a sponsor (normally their employer) who will be responsible for ensuring that a migrant worker complies with the rules of their entry to the UK and returns home at the end of their stay. Tier 1 of the system, which caters for highly skilled migrants such as scientists and entrepreneurs, is expected to be introduced on 4 March 2008.

The Border and Immigration Agency will be issuing a code of practice giving guidance on how employers can avoid employing illegal migrant workers whilst at the same time avoiding actions that could make them liable to a charge of race discrimination.

Sponsorship Under the Points Based System
The Government has now published a Statement of Intent for sponsorship under the Points Based System. This will apply to migrants other than nationals of the European Economic Area and those in Tier 1. The new licensed sponsor system is due to be introduced in the first quarter of 2008. When implemented, a licence will be needed to bring migrants to the UK. No one will be granted a licence without being approved in advance by the Border and Immigration Agency. Further information can be achieved at www.duncanlewis.co.uk.

The Statement of Intent can be found at http://www.ind.homeoffice.gov.uk/6353/aboutus/
sponsorshippointsbasedsystem.pdf.


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