Immigration Civil Penalty
A Civil Penalty can be imposed by the Home Office if they discover you have been employing illegal workers.
If you are found to be employing illegal workers, you can be fined up to £20,000 per illegal worker. However, this can be avoided if you had completed the correct right to work checks before the illegal worker began employment with you.
In addition, the way you act can impact the amount of Civil Penalty imposed.
- If you have reported the employee(s) to the Home Office regarding suspicions about their right to work, any fine will be reduced by £5,000.
- If you co-operate with the Home Office throughout their investigation, this can result in another reduction of £5,000.
- If you can prove you have effective document checking practices, you reported your suspicions and co-operated throughout, this will reduce the Civil Penalty to a Warning Notice, meaning no fine will be imposed.
If you become subject to an investigation, it is vital you seek legal advice as soon as possible. This could be the difference between a Civil Penalty of £20,000 per illegal worker or a Warning Notice.
If you have been issued with a Civil Penalty, you have the right to appeal within 28 days. There are only certain grounds you can appeal on and Monarch Solicitors can help you prepare them and help you with obtaining any additional evidence.
Contact our Immigration Solicitors:
If you would like to enquire for any of our immigration services, please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our immigration solicitors on 0161 820 8888 for a no obligation discussion.
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Once an investigation has been completed, you can receive:
- A Civil Penalty Notice;
- A Warning Notice;
- A No Action Notice.
The amount of penalty due will depend on a number of factors, such as whether the employer has been found to be employing workers illegally in the past and whether the employer generally complies with their duties to prevent illegal working.
The Home Office apply a sliding scale that takes into account the employer’s compliance record as well as any mitigating factors.
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