HOME OFFICE ANNOUNCES NEW MEASURES TO TACKLE ILLEGAL WORKING

On 22 November 2007 the Home Office released “Shutting Down Illegal Working in the UK” – a document highlighting key points of attack which will be used to strengthen the fight against illegal immigration, including:

• Tougher checks in the UK’s embassies abroad (including requiring all applicants to provide biometric information such as fingerprints and facial images in order to obtain a visa);
• The introduction of a licensing system (under the upcoming Points Based System) to ensure only trusted, licensed employers are able to bring migrant workers into the UK from outside the European Economic Area; and
• Tougher enforcement by way of increased policing of illegal working and harsher penalties (both civil and criminal) for those employers who are found to be in breach of the rules. 

The Home Office intends to increase the maximum level of civil penalty for non-compliant employers from £5,000 to £10,000.  Additionally, they seek to impose an obligation on employers to carry up “follow-up” document checks on employees every 12 months, to ensure they are still legally able to take employment in the UK.  These civil penalties will also be backed up by a new criminal offence of “knowingly” employing an illegal worker, which carries with it a prison term of up to two years and an unlimited fine.

The Home Office also intends to introduce identity cards and an Employer Checking Service, both of which are intended to support employers in ensuring that they are able to comply with the new legislation.