How do I sponsor a migrant worker?
How we deal with illegal working
This page explains how we deal with illegal working and what this means for sponsors under the points-based system.
On this page
The action we can take
The system of sponsorship transfers to sponsors a significant amount of responsibility for selecting migrants, so we have a duty to ensure that we deal appropriately with the minority who do not comply with their duties.
We have therefore introduced measures to ensure that we enforce your duties, find out early and identify if you are dishonest or incompetent, withdraw your licence and punish you. As well as any enforcement action we may take against you if we find you in breach of your duties, we may also issue a civil penalty if you have broken the rules on illegal working.
See Preventing illegal working for more information.
The penalties you can face
When migrants work in the United Kingdom without permission to do so, we take this very seriously and will impose a range of penalties on those who employ people illegally. You must therefore make sure that your migrants who are not settled in United Kingdom are entitled to work for you.
Our visiting officers will be fully trained in identifying and investigating illegal working and may issue civil penalties or refer cases for prosecution where appropriate. You must comply with the conditions of your licence and only employ people who are legally allowed to work in the United Kingdom.
The government?s action plan for preventing illegal working sets out a range of penalties. If we find you are in breach of your duties we can visit your premises to help you to comply with the law. See Preventing illegal working for more information.
You could face any of the following penalties:
- written warning for employing an illegal worker, followed by close attention from our enforcement and compliance teams;
- being downgraded on the register of sponsors. Your rating will be published, and prospective migrants will be able to see it. A B-rating will involve a detailed action plan of measures that you must comply with;
- licence cancelled and removed from the register of sponsors, so you are unable to bring any migrant worker to the United Kingdom or keep any existing migrant;
- served with an on-the-spot fine (known legally as a civil penalty) - if we find you are employing an illegal migrant worker because of negligent recruitment practices, we may issue you with a civil penalty for each illegal worker (under section 15 of the Immigration, Asylum and Nationality Act 2006). A sliding scale allows heavier penalties for repeat offenders;
- prosecuted for having in your possession or under your control without reasonable excuse an identity document that is false or improperly obtained or that belongs to someone else, which may result in you being imprisoned for up to two years and/or receiving an unlimited fine (under section 25 of the Identity Cards Act 2006);
- prosecuted for knowingly employing an illegal migrant worker - you could be imprisoned for up to two years and/or receive an unlimited fine (under section 21 of the Immigration, Asylum and Nationality Act 2006);
- disbarred as a company director or officer as a result of prosecution - if you are convicted of knowingly employing an illegal migrant worker, you could be disqualified from forming or managing a company (under section 2 of the Company Directors Disqualification Act 1986); or
- prosecuted for facilitation or trafficking - you could be imprisoned for up to 14 years and/or receive an unlimited fine (under section 25 of the Immigration Act 1971, as amended by section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004).
If we find you knowingly employing illegal migrant workers, you can face tough penalties including an unlimited fine and/or a maximum of two years' imprisonment. (This is under the Immigration, Asylum and Nationality Act 2006.) We have a system of civil penalties for employers who employ illegal migrant workers because their recruitment and employment practices are negligent, or not careful enough.
You can protect yourself from facing these fines by carrying out specific document checks when recruiting a new member of staff. You should also make further checks on documents at specified intervals when an employee has a time limit on their leave (permission) to enter or remain in the United Kingdom.
If you have breached your sponsorship duties or committed offences under civil penalties legislation and are also regulated by the Gangmasters Licensing Authority (GLA), the Office of the Immigration Services Commissioner (OISC) or another government body, we will inform that body so that it can consider appropriate action.
Terms explained
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Civil penalties
A requirement to pay money that can be imposed for an offence without the need for a court conviction.
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Disbarred
This occurs when a person's right to do a particular thing is removed, usually as a result of official proceedings.
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Disqualified
This occurs when a person's right to do a particular thing is removed.
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Gangmasters Licensing Authority
The Gangmasters Licensing Authority (GLA) regulates those who supply labour or use workers to provide services in agriculture, forestry, horticulture, shellfish gathering and food processing and packaging.
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Office of the Immigration Services Commissioner (OISC)
OISC is the body responsible for ensuring that all immigration advisers meet the requirements of good practice.
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Register of sponsors
A list of all organisations licensed to sponsor migrants under the points-based system.