Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Illegal working definition

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...

UK illegal working civil penalties: Home Office process, mitigation, objections and appeals, evidential issues, and consequences for sponsors, directors and reputation, with 2024 penalty increases and 2025–26 case law

Published by a LexisNexis Immigration expert

Practice notes

This Practice Note

It explores the hands-on issues involved in handling an Illegal working civil Penalty for an employer. It addresses key triggers for a civil penalty and explains the process for issuing, paying, and contesting such penalties. It outlines what events can trigger enforcement action and sets out how notices are served, how liabilities are settled, and how objections or appeals can be pursued. It is intended for employers dealing with such matters in practice. Under section 15 of the Immigration, Asylum and Nationality Act 2006 (IANA 2006), employers can be fined for employing adults who are subject to immigration control unlawfully. Notably, on 13 February 2024 the cap for repeat offences was increased threefold from £20,000 to £60,000, and a revised associated statutory code of practice commenced the same day. At that point, the first-breach maximum also rose three times over, moving from £15,000 to £45,000. The explanatory memorandum to the instrument effecting the rise explained that earlier levels were seen as inadequate to deter those considering entering the UK unlawfully and did not capture the economic gains to those benefiting from illegal labour or the broader social costs. Where a contravention concerns ongoing employment on or after...

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Brenda Efurhievwe (Efu-rie-ve)

Goldsmith Chambers

Brenda has a busy immigration and public law practice and is instructed in a wide range of matters on both a publicly and privately funded basis. She regularly represents individuals in the First-Tier and Upper Tribunal in asylum appeals, immigration appeals, deportation appeals, judicial reviews and bail applications. Brenda also advises on and acts in judicial reviews in the High Court. Brenda is also particularly interested in matters at the intersection of civil and public law, with a focus on claims against public authorities. She represents Claimants in matters including claims for damages for unlawful detention, civil penalty notice appeals, data protection breaches, claims relating to personal injury and cross border matters. Brenda regularly delivers seminars on matters relating to immigration law and asylum. Her recent webinar on “Afghan clients: quasi refugee routes and issues in contemporary asylum claims” can be accessed on Free...

Web page updated on 22/05/2026

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