Civil Penalties Guide For Businesses

These are the steps the Home Office may take; not necessarily to the order in which they will be taken.

Receiving a Civil Penalty

Civil Penalties are given to companies that break UK immigration law, by hiring a foreign worker without authorisation, or hiring a foreign worker for a job that is different than that on the offer letter. A list is published each year of businesses which have received Civil Penalties.

Breach

If a breach occurs, an employee is suspected of working illegally. If this happens, you can establish a statutory excuse for the worker to prove they are here legally. If the Home Office finds out you are employing an illegal worker, and you don’t have valid paperwork to prove they are here lawfully, they will issue a Referral Notice

Referral

The Referral Notice will be sent to the Home Office and the Civil Penalty Compliance Team who will decide what penalty to apply to your business.

Decision

In determining the penalty, the following questions will be asked:

• Who is the employer?
• What is the worker’s immigration status and employment start date?
• Has a breach of section 15 occurred?
• What is the penalty level and amount?

If a civil penalty is issued, the Home Office will send out a Civil Penalty Notice which will detail the breach date, how much you have to pay, the due date and the possible payment methods. If you are not liable to pay a fine, you may get a Warning Notice. It expresses the action the Home Office will take against you if another breach occurs. Alternatively, you may get a No Action Notice.

Objection

If you object to a Civil Penalty Notice, you must do so within 28 days.

Enforcement Action

If you don’t pay the penalty, set up a payment plan or appeal the decision, the Home Office will take action to make you pay.

Scarsdale Solicitors Rochdale

For advice on civil penalties or any other business immigration services, call the experts: Scarsdale Solicitors Rochdale and Scarsdale Solicitors Oldham take pride in serving our clients, combining our legal expertise and knowledge with impeccable customer service. If you need immigration solicitors Rochdale or immigration solicitors Oldham, call us today on 0161 660 6050