HOME OFFICE News
Release (181/2007) issued by The Government News Network on 22
November 2007
Businesses must
source migrant labour through legal means or face severe
penalties, the Home Office announced today as part of its
comprehensive programme to reform Britain's immigration controls.
The Government is setting out new measures to prevent illegal
working following a consultation with UK businesses. 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 are found to have
knowingly hired illegal workers they could incur an unlimited fine
and be sent to prison.
These measures, which take effect in February, will make it
easier than ever before for employers to carry out checks and for
the Border and Immigration Agency (BIA) to deal with non-compliance.
The civil penalties form part of the biggest immigration shake-up
for forty years, sitting alongside a programme of changes that
will ensure the system is fit for the future. Other the next 12
months BIA will also introduce:
* An Australian-style Points Based System to make sure only
workers with the skills to benefit Britain's economy come to
the UK;
* A single border force bringing together the Border and
Immigration Agency, Customs and UK Visas providing a tougher,
highly visible policing presence at Britain's ports and
airports; and
* Compulsory ID cards for foreign nationals allowing us to know
who is here and what they are entitled to.
Home Secretary Jacqui Smith said of the new civil penalties:
"By stamping out illegal working we are making the UK a less
attractive destination for illegal migration.
"The new civil penalties are a more effectve way of dealing
with employers who use slipshod or exploitative recruitment
methods. Together with the introduction of compulsory identity
cards for foreign nationals next year, there can be no excuse for
not checking the identity of those applying for jobs.
"By working together with employers and others we have
developed a system that delivers the migrants the UK needs, but
which also keeps out those that it does not."
Chris Gillespie, HR Director of NCP Services, said:
"We employ staff from more than 100 nations so we often see
people who do not have the right to work in this country trying to
gain employment with very convincing forged documents. We work
closely with the Home Office to ensure our processes and
procedures are kept up to date.
"Illegal working cannot be tackled by the Government alone
and it's every employer's duty to ensure that they
conduct the proper checks on prospective employees.
"Illegal working exploits vulnerable people, undermines fair
business competition and the minimum wage and deprives the economy
of tax and National Insurance contributions. These proposals will
help ensure we close down illegal working and develop routes for
employers to recruit legally the foreign workers they need to grow
their businesses."
The Government today also published a Statement of Intent setting
out a new approach for licensing employers or colleges who wish to
sponsor migrants for visa applications. Under the Points Based
System employers and colleges will need a license in order to
sponsor migrants. To earn and hold a licence they must agree to
fulfil certain duties. Employers will need to understand how these
changes, under the Points Based System and the new civil penalty
regime, will affect recruitment and employment practices. To build
awareness the Government is also launching a national press
advertising campaign today and has enhanced the employment
verification scheme for employers.
The Border and Immigration Agency (BIA) undertakes regular
enforcement operations against illegal working throughout the UK.
Last month 49 people were arrested in a single raid in Chinatown,
while an operation in Gateshead led to ten arrests; and 14 people
were arrested after an operation at a restaurant in Ipswich. In
2006 alone, BIA carried out over 5,200 illegal working operations
and removed more than 22,000 people from the UK.
The new measures are part of a broader package of proposals
introduced to toughen border controls, increase enforcement
activity and enhance joint working with police and other
Government agencies in order to tackle illegal immigration and its consequences.
Notes to editors:
1. The illegal working action plan update and consultation
results report 'Shutting down illegal working in the UK'
can be found at http://www.bia.homeoffice.gov.uk.
The consultation results have shaped the proposals being announced today.
2. The new illegal working code of practice has been informed by
the consultation launch in May. The consultation results report
'Shutting down illegal working in the UK' can be found
at http://www.bia.homeoffice.gov.uk.
3. The new illegal working rules will be promoted through a
publicity campaign targeted at employers which also launched
today. The artwork is available on request.
4. The Border and Immigration Agency will issue a code of
practice which aims to provide employers with guidance on how to
avoid a civil penalty for employing an illegal migrant worker in a
way that does not result in unlawful race discrimination.
Employers who only carry out checks on workers who they believe
are not British citizens, for example, on the basis or race or
ethnicity, could find this is used against them as evidence in any
proceedings brought under the race relations legislation.
5. Proposals for civil penalties for employers of illegal migrant
workers were first announced in the Immigration, Asylum and
Nationality (IAN) Act 2006 (on the Home Office website refer to
press notice number 046/2006).
6. The Statement of Intent on Sponsorship can be found at http://www.bia.homeoffice.gov.uk/6353/aboutus/sponsorshippointsbasedsystem.pdf
7. The Border and Visa Strategy was published on 28 March 2007
(refer to press notice 059/2007) and can be found at: http://www.bia.homeoffice.gov.uk/6353/aboutus/Securing_the_UK_Border_final.pdf
8. The Enforcement Strategy was published on 7 March 2007 (refer
to press notice 040/2007) and can be found at: http://www.bia.homeoffice.gov.uk/6353/aboutus/enforcementstrategy.pdf
9. The UK Borders Bill was published on 26 January 2007 (refer to
press notice number 008/2007).
10. The Employers' Helpline is 0845 010 6677. Online
guidance on employing migrant workers can be found at: http://www.bia.homeoffice.gov.uk/employingmigrants.
11. The illegal working consultation paper was published on 15
May 2007 (refer to press notice 075/2007) and can be found
at: http://www.bia.homeoffice.gov.uk
12. Proposed framework for assessment of level civil penalty
tables are available on the GNN website: http://www.gnn.gov.uk