Beginning in early 2024, the civil penalty for employing an illegal migrant will be significantly increased. 



 Who Are Illegal Workers?

All employers in the United Kingdom must verify that they have valid work documents to work lawfully in the UK by carrying out comprehensive Right to Work checks. The civil penalty system set up by UKVI ensures that employers follow immigration rules.

Illegal workers are those who do not have the right to work in the UK. This includes individuals who:

• Do not have a valid visa or leave to enter or remain in the UK
• Have overstayed their visa or leave (who have filed applications for extensions after their leave/visa has expired)
• Are working without the right permitted work category
• Students who exceed the maximum number of hours they are allowed to work
• Individuals with a visitor visa (unless there is a Paid Permitted category)

What are the Civil Penalties of Employing Illegal Workers?

If you are found to be employing an illegal worker or a migrant who does not have the right to work in the UK, you could face severe civil penalties under section 15 of the 2006 Act.

Possible outcomes could include:

• You could be fined up to £20,000 for every illegal worker.
• The publishing of your business’s details by Immigration Enforcement is done as a way to deter other employers.

You will receive a Civil Penalty Notice mentioning the penalty amount, the details of the illegal worker(s), and the details of the responsible person. The company directors, the limited company, or both may be responsible.

These penalties may consist of a fine of up to £20,000 per illegal worker, a prison sentence of up to 5 years, or both. If you do not conduct compliance checks on your employees, you could be found guilty of supporting unlawful work practices.

Since 2018, the Home Office has issued approximately 4,000 civil penalties totalling £74 million to employers. This follows a significant crackdown on immigration enforcement activity by the Home Office over the past year. Compliance visits targeting employees without legal immigration status have increased by 50%, reaching their highest level since 2019.

The civil penalty for employers employing illegal workers is set to triple to £45,000 per worker for first offences and £60,000 per worker for subsequent offences beginning in 2024. This is a significant increase from the current penalties of £15,000 per worker for a first offence and £20,000 for subsequent offences.

This increase in penalties is not limited to just employers of illegal workers but extends to landlords who permit illegal migrants to rent their properties. For landlords, the fines will increase from £80 per lodger and £1,000 per occupies for the first breach to up to £5,000 per lodger and £10,000 per occupier. Repeat breaches will be up to £10,000 per lodger and £20,000 per occupier.

What should Employers do to avoid illegal working?

By ensuring the right to work checks are carried out correctly in the first instance in line with Home Office guidance, employers are able to obtain a statutory excuse against liability for an illegal working situation. Complying with the Home Office guidance is not always straightforward as there are various potential complications that can arise based on individual circumstances. It is always best to seek specialist immigration and/or employment law advice in this instance to ensure the correct protocol is being followed.

To minimise the risks to their business employers should also consider carrying out regular internal audits of their right to work records, and HR procedures and systems in relation to right to work checks. It would also be recommended for staff involved in right to work checking to have regular training to ensure they stay on top of the Home Office rules and guidance.

Employers should take the following actions before hiring migrant workers:

• First, conduct right to work checks on all prospective employees prior to their start of employment. Obtain an original document or combination of documents, in accordance with the Home Office approved list. Check the validity of the documentation provided in the presence of the holder. Make and retain a clear copy of the document electronically or in hard copy.
• Second, record the date on which you conducted your check. This can be by either making a dated declaration on the copy itself or by holding a separate record. You need to conduct follow-up checks on employees with time-limited permission to work in the UK.
• Thirdly, maintain a record of all the checks performed and when they were carried out. Retain your copies and records for the duration of the individual’s employment and for a further 2 years after they leave.
• Fourthly, do not employ anyone who you know or have "reasonable cause" to believe is an illegal worker.

Checking the validity of documents to avoid employing illegal immigrants

When checking the validity of documentation presented to you as proof of an employee’s right to work, you must ensure that:

• the documentation is genuine, original and has not been modified.
• the individual presenting the documentation is the legitimate holder.
• the photographs and birth dates are consistent across multiple documents and with the appearance of the individual.
• the permission to be in the United Kingdom has not expired, and any work restrictions, including any limit on the number of hours the individual is permitted to work, still apply
• there is an explanation for any difference in names across multiple documents. You should seek further documentation to explain any differences, e.g., an original marriage certificate or divorce decree. Any further documents must also be copied and retained.

You are not expected to be an expert in identifying fraudulent documentation. If you provide a false document, you will only be penalised if it is reasonably apparent that the checked documentation was not genuine, did not legitimately belong to the holder, or the work was not permitted.

In certain cases, you may also need to verify the employee's employment eligibility with the Home Office Employer Checking Service, such as when an appeal or administrative review is pending. In such cases, the Home Office will send you a Positive Verification Notice to confirm that the individual in question has a work permit.

As an employer, it is your responsibility to conduct required document verifications. This responsibility cannot be delegated to a third party, such as a recruitment agency. If a third party conducts the checks on your behalf, you will be unable to establish a statutory excuse if unlawful immigrants are found to be employing illegal immigrants.

Every employer, regardless of size or business sector, must conduct document checks on all prospective and current employees.

ARIS International Lawyers specialise in supporting employers in meeting their immigration compliance duties, including through the use of effective right to work processes, systems, and staff training.



We can advise on all aspects of how to avoid hiring illegal immigrants, across the recruitment, onboarding and ongoing personnel management lifecycle.  Contact us on 020 3865 6219 or leave a message for help and advice with your immigration compliance.