CIVIL AND CRIMINAL PENALTIES
Every company in the UK, regardless of size or sector, has a legal responsibility to comply with immigration laws. Failing to do so can lead to severe consequences, including substantial financial penalties and reputational damage. The amount of financial penalty has recently increased to such a degree that a single fine could prove fatal to the wellbeing of a small or medium sized business. At Azarmi Law, we specialise in guiding businesses through the complex and sometimes costly landscape of UK immigration law, including when faced with substantial penalties.
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The civil penalty schemes for breaches of immigration law in England and Wales are primarily governed by the Immigration, Asylum and Nationality Act 2006 (IANA 2006) and the Immigration Act 2014. Under section 15 of the IANA 2006, employers can be penalised for employing individuals who are subject to immigration control and do not have the right to work in the UK. The maximum civil penalty for employing illegal workers tripled from £20,000 to £60,000 on 13 February 2024. The Home Office’s figures show that the number of penalties issued for the second quarter of 2024 amounted to £21.5 million, as opposed to £5.6 million in the same quarter of 2023 [Immigration Enforcement Data: Q3 2024]. This is almost a fourfold increase.
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The law which establishes the penalty scheme for clandestine is contained within Part II of the Immigration and Asylum Act 1999. Further legal requirements, including the security standards expected of owners, operators, hirers to adhere to when securing a vehicle, are found in the Carriers’ Liability Regulations 2002 and the Carriers Liability (Amendment) Regulations 2023. Recent legislative changes have tightened these rules further, making statutory defences more difficult to establish. Under the current regulations, individuals responsible for a clandestine entrant may be required to pay a civil penalty of up to £10,000 per clandestine entrant.