FAQs
An illegal working civil penalty is a fine served upon a business for the employment of an illegal worker. The employment of an individual with no right to work in the UK is not a criminal offence but is dealt with by way of a civil penalty. The maximum civil penalty that can be imposed on a business for employing an illegal worker is £20,000 per employee, although this is due to increase to £60,000 per employee from 2024.
As the liable party, you are able to utilise the support of a lawyer to aid your case. Immigration Compliance is a team of paralegals who are specialists in their field. We offer legal services directly to our clients, and in some cases (at the discretion of the court) we can make representations if you choose to appeal your civil penalty at the County Court.
We Understand
The enforcement and civil penalty process can be daunting and lonely. We have witnessed the overwhelming despair of business owners following an immigration raid, and the service of disproportionately high civil penalties with little or no grounds for imposing the fine.
Expertise
We offer an unrivalled investigation into immigration enforcement action and any civil penalty case and can support your business through the entire penalty regime. Our team of consultants have lived experience and extensive knowledge on all immigration and compliance matters.
Attention to Detail
Our consultants consist of ex-Home Office executives and investigators who are able to identify lesser known prospects enabling successful objections and appeals against your illegal working civil penalty. No stone is left unturned.
Value for Money
Reputable law firms and accountants charge upwards of £6,000 per case. Our team of diligent consultants offer excellent value for money without any compromise in quality. We make our fees clear and transparent and aim to minimise any financial loss to your business.
Our Results
Immigration Compliance has worked with various sectors. We treat each case uniquely, making our challenge to the Home Office effective and often successful. Our results show that we have saved our clients from paying over £4 million of fines. Speak to one of our diligent consultants today. We know how to present your case and will optimise all avenues available. Read our success stories.
The civil penalty regime allows three main opportunities to make representations to the Home Office.
1. The first is your ‘Information Return’. This must be completed and returned within the deadline to qualify for a reduction in your fine.
2. The second opportunity is when making an ‘objection’ against the civil penalty. If you are served with a penalty you will be given 28 days within which you may object against the imposed fine.
3. Your third and final opportunity is to ‘appeal’ the penalty. An appeal can be made to the County Court and must be made within 28 days of your objection outcome notice.
Section 16 of the Immigration, Asylum & Nationality Act 2006 affords the liable party an objection. This section applies where an employer to whom a penalty notice is given objects on the ground that—
(a) he/she is not liable to the imposition of a penalty;
This could be on the grounds that you are not the employer of any named individual(s) or that the Home Office has obtained evidence unfairly or in excess of its statutory powers.
(b) he/she is excused payment by virtue of section 15(3);
This is known as a ‘statutory excuse’. An objection based on these grounds would ideally evidence your adherence to the prescribed ‘right to work checks’ found within the illegal working penalties: codes of practice for employers, 2019.
(c) the amount of the penalty is too high.
If you believe that the imposed fine is too high your objection may take into consideration the mitigating factors, for which a reduction is awarded, outlined within the Illegal working penalties: codes of practice for employers, 2019