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Illegal working meaning

What does Illegal working mean?
In practice, illegal working describes work undertaken by a person subject to immigration control who either lacks current permission to enter or remain with a right to work, or works in breach of a condition restricting work, whether on an employed or self‑employed basis. Typical breaches include working without leave, overstaying, taking employment where leave prohibits work, exceeding permitted hours (for example, as a student), working in a restricted role, or engaging in self‑employment where not permitted. The term is descriptive and used across immigration and employment enforcement. In the UK, it is reflected in legislation: the Immigration Act 1971 and the Immigration, Asylum and Nationality Act 2006 (civil penalties and employer offences) and the Immigration Act 2016 (creating the worker offence commonly referred to as “illegal working”). In Ireland, comparable prohibitions arise under the Employment Permits Acts and the Immigration Acts, making it unlawful to work without the necessary immigration permission and, where required, an employment permit. Across England & Wales, Scotland, Northern Ireland and Ireland the concept is broadly consistent, though terminology differs: UK “leave to enter or remain” and statutory right to work checks (providing a statutory excuse) versus Irish “immigration permission” and employment permit compliance. The practical significance...
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View the related News about Illegal working

NEWS
English Commercial Court: EU sanctions freeze on-demand bonds; NCA findings determinative; ownership/control including trusts and firewalls analysed; foreign illegality in France/Italy renders payment unenforceable under English law

LLC Eurochem North-West-2 and another company v Societe Generale S.A. and other companies [2025] EWHC 1938 (Comm) This is a highly important decision for practitioners dealing with international sanctions, as the court delivers a detailed examination of how EU sanctions interface with domestic sanctions authorities in such circumstances. It also provides an in-depth consideration of the notions of ‘ownership’ and ‘control’ for the purpose of sanctions, including where trust arrangements feature, which is not unusual when there is a link to a designated individual. The ruling is likewise of real assistance to those working with performance bonds and related trade finance instruments in the sanctions context. The background facts The relevant parties The dispute stemmed from six on-demand bonds (Bonds) issued in 2021 and 2022 by Société Générale (SocGen) and ING Bank (ING) (the Banks) in favour of EuroChem North-West-2 (EuroChem NW2), a Russian entity. The Bonds were issued under contracts between EuroChem NW2 and Tecnimont S.P.A (Tecnimont), an Italian engineering company, and its Russian affiliate...

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NEWS
UK immigration round-up: IHS increase, ISL review, Rwanda Bill guidance, right to work/rent penalties, offshore concession, student migration, and key case law—25 January 2024

In this issue Key developments UK immigration control: how it works Sponsored work Work sponsorship: sponsors Students EU law rights and EU settlement Challenging immigration decisions and enforcement Preventing illegal working Daily and weekly news alerts New and updated content New Q&As Key developments Future developments—Immigration calendar Our Immigration calendar sets out key forthcoming developments for business immigration advisers. UK immigration control: how it works IHS rises to come into force from 6 February 2024 The Immigration (Health Charge) (Amendment) Order 2024, SI 2024/55, was made on 16 January 2024. Under article 1(2) of the Order, it comes into effect 21 days later, on 6 February 2024. The measure increases the Immigration Health Surcharge from £470 to £776 per annum for students, their dependants, Youth Mobility Scheme applicants and children under 18. For all other applications that must pay the Health Charge, the annual IHS rises from £624 to...

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NEWS
UK immigration and nationality: fee rises, eVisas/biometrics, EUSS automatic conversion, sponsor licence notification duty clarified, 'voluntary work' scope, and Court of Appeal deprivation guidance - 23 January 2025

In this issue: Key developments UK immigration control: how it works Sponsored work EU law rights and EU Settlement Scheme Challenging immigration decisions and enforcement Preventing illegal working British citizenship and the right of abode Daily and weekly news alerts New and updated content Future developments—Immigration calendar Our Immigration calendar highlights key forthcoming changes of interest to business immigration advisers... UK immigration control: how it works Fees to be increased again, and new airside transit ETA exemption The Home Office has presented to Parliament the draft Immigration and Nationality (Fees) Order 2025, which will amend the Immigration and Nationality (Fees) Order 2016, SI 2016/177. Once approved, it will raise the upper limits for a range of specified immigration and nationality charges. After it takes effect, the Immigration and Nationality (Fees) Regulations 2018, SI 2018/330 will then be amended to adjust the actual payable fees. The Explanatory Memorandum to the draft Order explains...

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View the related Practice Notes about Illegal working

PRACTICE NOTES
Administrative Removal under IAA 1999 s 10: UK procedure, liability, notice periods, EEA/EUSS issues, family and child safeguards, and routes to challenge

This Practice Note This Practice Note explains the administrative removal regime as amended by the Immigration Act 2014, identifying who is and is not subject to removal and the destinations to which removal may occur. It also sets out the considerations to be weighed when deciding on removal and the extra safeguards that apply in family situations. Further amendments to removal notices were introduced by the Nationality and Borders Act 2022 (NBA 2022), although not all provisions are currently in force. For additional context, see News Analysis: Nationality and Borders Act 2022—summary for non-asylum practitioners. From 20 November 2023, the process and deadlines for removal notices have been put on a statutory footing, ordinarily requiring a five-working day notice period, which remains effective for 21 days where a first removal attempt fails for reasons beyond the Home Office’s control (see below). As enacted, NBA 2022 also anticipates a system of ‘priority removal notices’ (PRNs), intended to limit the scope for delaying removals through sequential or unmeritorious claims, appeals or...

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PRACTICE NOTES
UK right to work checks: practical guidance on suspected illegal working, unfair dismissal and discrimination risks, civil/criminal penalties, sponsor licence compliance, ECS and repeat check pitfalls

This Practice Note This Practice Note explores how advisers can steer the competing risks that arise in practice when an employer either omits to complete a compliant right to work check, or comes to doubt an employee’s entitlement to work. Where illegal working is suspected, several interlinked matters must be addressed, including: employment — employment law shapes the risks and liabilities flowing from an employer’s choice whether to dismiss and what steps to take if illegal working concerns emerge. Potential exposures include unfair dismissal (generally only engaging after two years’ service) and discrimination claims. For more information, see Practice Note: Illegal working: dealing with employees regulatory — an employer may face a civil penalty for employing someone who lacks the right to work. In addition, for sponsor employers, employing a person without the right to work in the UK places their sponsor licence at risk of possible revocation. See Practice Notes: Illegal workers—civil and criminal sanctions and Illegal working: dealing with a civil penalty ...

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PRACTICE NOTES
Immigration Act 2016 (UK): commencement tracker, secondary legislation, Explanatory Notes and Home Office guidance organised by Part

The Immigration Act 2016 (IA 2016) Royal Assent for the Immigration Act 2016 (IA 2016) was granted on 12 May 2016. This Practice Note collates links to key materials concerning the Act. It signposts the IA 2016 text, Explanatory Notes and Home Office factsheets (as introduced with the Immigration Bill 2015–2016), together with commentary. The resources are organised according to the Act’s nine parts. Commencement Under IA 2016, s 94(1), provisions take effect on dates set by the Secretary of State by secondary legislation. Exceptions are IA 2016, s 94 (the commencement provision) and IA 2016, s 61(3)–(5) (under IA 2016, s 94(3)), which commenced on the day the Act was passed, and IA 2016, s 85, which, under IA 2016, s 94(4), commenced two months after the Act was passed, ie 12 July 2016. The following commencement regulations have been made: The Immigration Act 2016 (Commencement No. 1) Regulations 2016, SI 2016/603 (the Commencement No. 1 Regs) The Immigration Act 2016 (Commencement...

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