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...

Employing disqualified workers: criminal liability, corporate liability, investigations, prosecutions and sentencing under IANA 2006 s 21 (England and Wales)

Published by a LexisNexis Immigration expert

Practice notes

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 worker—overview

The principal illegal working offence appears in IANA 2006, s 21. From 12 July 2016, an employer commits this offence by employing an individual whilst knowing, or having reasonable cause to believe, that the individual is a ‘disqualified person’. A person is a disqualified person if:

the person has not been granted

...

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Daniel Bunting

2 Dr. Johnson's Buildings

Dan practices in all areas of Criminal Law and has appeared in all courts from Magistrates' and Youth Courts, the Crown Court and Divisional Court and Court of Appeal. As well as defending, he has appeared for the CPS and other prosecuting agencies in all types of appearances including trials. He also practices in Immigration law (mainly on asylum and asylum-related cases) and has been instructed in the Tribunal, High Court and Court of Appeal on immigration matters. He is happy to act pro bono in suitable cases. Dan has a particular interest in the cross-over of Criminal and Immigration Law and is recognised as a leading expert in defending immigration offences and victims of trafficking. He has appeared in many key cases before the Court of Appeal in this area. He has also been instructed on a number of successful...

Web page updated on 21/05/2026

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