PART 1

Labour market and illegal working
CHAPTER 2

Illegal working

Offences

Offence of employing illegal worker
35
1
Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in accordance with subsections (2) to (4).
2
In subsection (1) for the words from “an adult” to the end of the subsection substitute “ disqualified from employment by reason of the employee's immigration status. ”
3
After subsection (1) insert—
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.
4
In subsection (2)(a)(i) (maximum term of imprisonment for conviction of offence on indictment) for “two” substitute “ five ”.
5
Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences by bodies corporate etc) is amended in accordance with subsections (6) and (7).
6
After subsection (1) insert—
1A
For the purposes of section 21(1A) a body (whether corporate or not) shall be treated as having reasonable cause to believe a fact about an employee if a person who has responsibility within the body for an aspect of the employment has reasonable cause to believe that fact.
7
In each of subsections (2) and (4) after “21(1)” insert “ or (1A) ”.
8
In section 24(a) of the Immigration, Asylum and Nationality Act 2006 (immigration bail) for “21(1)” substitute “ 21(1B) ”.
9
In section 28A of the Immigration Act 1971 (arrest without warrant)—
a
after subsection (9A) insert—
9B
An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—
a
has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or
b
is committing or attempting to commit that offence.
,
b
in subsection (10) for “and (5)” substitute “ , (5) and (9B) ”, and
c
in subsection (11) for “and (5)” substitute “ , (5) and (9B) ”.
10
In section 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and (b) substitute “ section 24(1)(d) ”.
S. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(f)