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What are the risks of non-compliance?

Immigration Enforcement Officers can turn up announced or unannounced at any employer’s premises to check whether they are employing any illegal workers and look at the right to work checks they carry out.

Employing an individual who does not have the right to work in the UK can result in, amongst other things:

  • a civil penalty
  • imprisonment for up to 5 years and an unlimited fine for anyone who knew or had reasonable cause to believe that the employee did not have the right to work
  • the employer being “named and shamed”, which is likely to cause serious reputational damage and negatively impact any future immigration applications
  • disqualification of directorships
  • if you hold a sponsor licence it may be suspended, downgraded or revoked
  • the employer receiving a Compliance Order or an Illegal Working Closure Notice.

To avoid these risks, we can provide training to your staff on how to carry out compliant right to work checks. Please contact us to discuss this further.

Read more about this and other questions in our

Right to work checks and civil penalties section.

Disclaimer

Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

As a hub, we have included references to articles and explainers from third parties. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

Our immigration team

Flora Mewies

Flora Mewies

Partner | Employment

Leeds and Manchester

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Roisin Patton

Roisin Patton

Partner | Employment

Newcastle

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Gillian Burns

Gillian Burns

Associate | Employment

Newcastle

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Natalie Payne

Natalie Payne

Solicitor | Employment

Leeds and Manchester

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Isabelle Cernis

Isabelle Cernis

Solicitor | Employment

Leeds

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