Employment

Offence
21
1
A person commits an offence if he employs another (“the employee”) knowing that the employee is disqualified from employment by reason of the employee's immigration status.
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 five years,
ii
to a fine, or
iii
to both, or
b
on summary conviction—
i
to imprisonment for a term not exceeding 12 months 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).
4
In relation to a conviction occurring before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44)
(general limit on magistrates' powers to imprison) the reference to 12 months in subsection (2)(b)(i) shall be taken as a reference to 6 months.
S. 21 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))
S. 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)
Words 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)
Word 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)