(1)A person commits an offence if he employs another (“the employee”) knowing that the employee is [F1disqualified from employment by reason of the employee's immigration status.]
[F2(1A)A person commits an offence if the person—
(a)employs another person (“the employee”) who is disqualified from employment by reason of the employee's immigration status, and
(b)has reasonable cause to believe that the employee is disqualified from employment by reason of the employee's immigration status.
(1B)For the purposes of subsections (1) and (1A) a person is disqualified from employment by reason of the person's immigration status if the person is an adult subject to immigration control and—
(a)the person has not been granted leave to enter or remain in the United Kingdom, or
(b)the person's leave to enter or remain in the United Kingdom—
(i)is invalid,
(ii)has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
(iii)is subject to a condition preventing the person from accepting the employment.]
(2)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment—
(i)to imprisonment for a term not exceeding [F3five] years,
(ii)to a fine, or
(iii)to both, or
(b)on summary conviction—
(i)to imprisonment for a term not exceeding [F4the general limit in a magistrates’ court] in England and Wales or 6 months in Scotland or Northern Ireland,
(ii)to a fine not exceeding the statutory maximum, or
(iii)to both.
(3)An offence under this section shall be treated as—
(a)a relevant offence for the purpose of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and
(b)an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H (search after arrest).
[F5(3A)Proceedings for an offence under this section that is committed in the territorial sea adjacent to the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(3B)Section 3 of the Territorial Waters Jurisdiction Act 1878 (consent of Secretary of State for certain prosecutions) does not apply to proceedings for an offence under this section.]
(4)In relation to a conviction occurring before [F62 May 2022] the reference to [F7the general limit in a magistrates’ court] in subsection (2)(b)(i) shall be taken as a reference to 6 months.
Textual Amendments
F1Words in s. 21(1) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(2), 94(1); S.I. 2016/603, reg. 3(f)
F2S. 21(1A)(1B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(3), 94(1); S.I. 2016/603, reg. 3(f)
F3Word in s. 21(2)(a)(i) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(4), 94(1); S.I. 2016/603, reg. 3(f)
F4Words in s. 21(2)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F5S. 21(3A)(3B) inserted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 11; S.I. 2023/283, reg. 3(b)
F6Words in s. 21(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F7Words in s. 21(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Commencement Information
I1S. 21 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))