EMPLOYERS FACE TOUGHER REGIME WHEN EMPLOYING MIGRANTS AND HARSHER PENALITIES FOR ILLEGAL WORKERS
The Government has announced that it will roll out a new system of civil penalties for employers
who negligently hire illegal workers from February 2008. Under these new measures employers face a maximum fine of £10,000 for each illegal worker found at their place of business. Employers found to have knowingly hired the illegal workers could incur an unlimited fine and be sent to Prison.
In addition, employers will be required to have a licence to employ overseas workers under the new Points Based Immigration system. The first stage in the process is that employers intending to employ overseas workers will apply in advance for a licence to the Border & Immigration Agency. Licensed sponsors will then be able to send migrant workers a certificate of sponsorship which they will use when applying for a visa. In addition all migrants will be required to obtain a biometric identity card.
As a condition of keeping their licence, employers will be required to alert the Immigration Authorities if an employee does not comply with immigration conditions, for example, if they disappear or do not turn up for work. Failure to comply with this may mean that a sponsor will lose their licence.
These changes do no apply to EEA nationals and those in the UK under the Highly Skilled tier of the Points Based System.
Louise Boyes
27th November 2007
For further information, and assistance with applications for licenses to employ migrant workers, please contact Louise Boyes.