Penalties can reach £45,000 per illegal worker for a first breach and £60,000 for repeat breaches, with only 28 days to respond. Our specialist immigration solicitors provide urgent, strategic advice to protect your business and reputation.
What is an immigration civil penalty?
A civil penalty is a financial sanction imposed by the Home Office under Section 15 of the Immigration, Asylum and Nationality Act 2006, as amended by the Immigration Act 2016, when an employer is found to have hired someone who does not have permission to work in the UK. It applies even if the breach was unintentional or due to flawed onboarding processes.
Current penalty levels:
- £45,000 per illegal worker – first breach.
- £60,000 per illegal worker – repeat breach within three years. These fines apply per illegal worker, so costs can escalate quickly.
Why it matters
Civil penalties can have serious consequences beyond the fine:
- Sponsor licence suspension or revocation – jeopardising your ability to hire and retain overseas talent.
- Reputational damage – public naming and shaming by the Home Office.
- Operational disruption – unannounced audits and compliance investigations.
- Criminal liability – up to five years’ imprisonment and unlimited fine if you knowingly employed someone illegally.
Common reasons for civil penalties
- Failure to conduct compliant Right to Work checks.
- Relying on outdated practices (e.g., accepting EU passports without checking immigration status post-Brexit).
- Incomplete or missing records of checks.
- Overlooking checks for agency or subcontracted workers.
What to do if you receive a civil penalty notice
If you have been issued with a civil penalty notice, you have 28 days from the notice date to:
- Pay the fine (30% discount if paid within 21 days).
- Object to the penalty – submit evidence and arguments to challenge liability or reduce the amount.
- Appeal – if the objection fails, you can appeal to the County Court.
Grounds for challenge include:
- You carried out prescribed Right to Work checks (statutory excuse).
- The individual was not employed by you.
- The penalty amount was miscalculated or mitigating factors ignored.
Recent updates
- Penalty levels tripled in 2024 and remain at record highs.
- Enforcement activity surged: over 9,000 site visits and £41.6 million in fines issued in Q1 2025 alone.
- Increased focus on gig economy and subcontracting arrangements.
- Civil penalty enforcements can trigger the UKVI to conduct a compliance audit
How we can help
Our immigration compliance team offers:
- Immediate response strategy – act within the 28-day deadline.
- Penalty challenge and appeal support – prepare robust objections and evidence.
- Sponsor licence protection – prevent suspension or revocation.
- Compliance audits and training – avoid future penalties.
- Right to Work check reviews – implement best practice systems.
Start protecting your business today
Don’t risk financial loss or reputational damage. Contact one of our specialist immigration lawyers today for a free initial consultation and let us help you respond effectively to a civil penalty notice.