With Brexit dominating the headlines, it is important not to
forget that from tomorrow (12 July 2016) certain provisions of the
Immigration Act 2016 will be coming into force which are aimed at
further deterring workers who do not have the legal right to work
in the UK. The provisions of the Immigration Act 2016 are due to be
implemented in stages over the coming months and, whilst Brexit
will certainly have implications for immigration law in the
long-term, in the short-term the provisions which come into effect
tomorrow are as follows:
There will be an increase in the criminal penalties which may
be applied to employers who employ illegal workers.
It is already a crime to knowingly employ an illegal worker. The
penalty is currently a fine of up to £20,000 and up to 2
years in prison. However, experience has shown that proving that an
employer knew that an employee was working illegally can be
difficult. Therefore, from tomorrow, an employer will be guilty of
this criminal offence if that employer has reasonable cause to
believe that an employee was working illegally. It is no longer
necessary to prove that the employer knew this; only that he should
have done in the circumstances. Furthermore, the maximum sentence
upon conviction has been increased from 2 to 5 years in prison. The
level of the fine remains the same.
Illegal working will become a criminal offence.
At the moment, the sanction applicable for employees guilty of
working illegally is deportation, and a record of this being made
on that person's immigration file. From tomorrow, working
illegally will become a criminal offence which could incur a
sanction of up to 6 months in prison and/or a fine which is
potentially unlimited. As working illegally will be a crime, any
proceeds of working illegally will also be able to be seized as
proceeds of crime. This provision in particular has caused concern
amongst certain human rights groups who argue that it may lead to
illegal workers feeling unable to speak out against exploitation in
fear of themselves being guilty of a criminal act.
Whilst employers should already be undertaking appropriate right
to work checks, the implementation of these stricter provisions
could act as a reminder to make sure that your current right to
work checking processes are as robust as they can be.
The ever-changing sphere of immigration law has never been more
fluid or uncertain than it will be over the coming months so do
give us a call if you need any guidance on these or any other
changes brought about by the Immigration Act 2016 or in the future
as a result of Brexit.
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The seminar will take place on 31 March 2017. It aims to provide German companies with an overview of the latest developments in relation to insurance coverage, banking transactions and legal aspects of doing business with Iran.
The employment landscape is one that is constantly shifting. Employers who fail to keep up with the changes do so at their peril.
We are pleased to invite you to this seminar, designed to help in-house counsel and HR practitioners get to grips with key recent and forthcoming developments in employment, pensions and immigration law and practice and what they mean for your workforce.
March 1, 2017 - Federal immigration authorities conducted the 6th round of invitations under Express Entry in 2017 inviting 3884 candidates for permanent residence. The lowest CRS score was a record 434...
March 9th - Skilled workers will receive their Canada work permits and Canada visa applications processed within two weeks beginning June 12, 2017 as part of a new Global Talent Stream in the Temporary Foreign Worker Program.
January 25, 2017 - Federal immigration authorities conducted the 3rd round of invitations under Express Entry in 2017 and 53rd overall, inviting 3508 candidates for permanent residence, the largest to-date. The lowest CRS score was 453, a continuing trend of decline from previous draws.
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