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Employing disqualified workers: criminal liability, corporate liability, investigations, prosecutions and sentencing under IANA 2006 s 21 (England and Wales)
PRACTICE NOTES
Employing disqualified workers: criminal liability, corporate liability, investigations, prosecutions and sentencing under IANA 2006 s 21 (England and Wales)
This Practice Note sets out a summary of the key criminal offences linked to illegal working and considers practical issues when managing a criminal investigation and prosecution. For details on the civil penalty framework for illegal working, see Practice Note: Illegal working: dealing with a civil penalty. The scope of this Practice Note is limited to the law in England and Wales. While the primary focus is prosecution under section 21 of the Immigration, Asylum and Nationality Act 2006 (IANA 2006), for guidance on additional illegal working offences, see Other offences below. Be aware that the illegal working regime, including IANA 2006, s 21, is scheduled to be widened to include alternative working models that previously sat outside its reach, pursuant to a clause in the Border Security, Asylum and Immigration Bill. See: LNB News 08/05/2025 41... Offence of employing an illegal
Immigration
UK carriers’ immigration obligations and civil penalties: document checks, eVisas and ETAs, clandestine entrants and goods vehicle security, API and PNR data, Authority to Carry, procedures, defences and appeals
PRACTICE NOTES
UK carriers’ immigration obligations and civil penalties: document checks, eVisas and ETAs, clandestine entrants and goods vehicle security, API and PNR data, Authority to Carry, procedures, defences and appeals
The transport sector has a number of legal duties when bringing passengers into the UK. These are: to thoroughly verify passengers’ travel documents to stop clandestine entrants to the UK, including making sure commercial goods vehicles are properly secured to submit the specified advance electronic information to UK Border Force about passengers or crews of ships or aircraft to seek and obtain authority to carry a passenger to the UK under the Authority to Carry Scheme 2023 There are also various miscellaneous offences linked to carrier activities. Charges in relation to passengers without proper documents for passengers without proper documents UK Border Force, acting on behalf of the Secretary of State for the Home Department (SSHD), may impose a fixed penalty of £2,000 on the owner of a ship or aircraft where a passenger arrives in the UK without the correct
Immigration
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