Immigration and Asylum Act 1999 Explanatory Notes

Section 108: Failure of sponsor to maintain

324.This section addresses the situation where someone enters the country under a sponsored immigration arrangement (under which the sponsor normally agrees to support the immigrant for five years) and subsequently claims asylum. It makes it an offence for the sponsor to deliberately fail or refuse to maintain an immigrant in these circumstances so that he has to rely on the support arrangements created under Part VI. Subsection (3) provides that where the failure to support arises from the sponsor’s lack of resources as a result of his involvement in a trade dispute, this would not constitute deliberate refusal or failure. The offence is punishable by up to three months’ imprisonment or a fine not exceeding £2,500.

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