Checks for staff employed from 29 February 2008

This page explains the law on preventing illegal working in relation to staff employed from 29 February 2008. It includes details of employers' responsibilities to check their prospective employees' (and, in some cases, their current employees') right to work in the UK.

Sections 15 to 26 of the Immigration, Asylum and Nationality 2006 came into force on 29 February 2008.

Employers' liabilities under the 2006 Act

Under the 2006 Act, it is a criminal offence to knowingly employ a person aged 16 or over who:

  • is subject to immigration control and has no permission to work in the UK; or
  • works for you in breach of their conditions of stay in the UK.

You are are liable to payment of a fine (known as a 'civil penalty') if you employ (knowingly or not) such a person.

Excuse against payment of a civil penalty under the 2006 Act

The 2006 Act makes employers liable to civil penalties for employing illegal migrant workers, but it also allows employers to have an excuse against having to pay a civil penalty for doing so. Employers can have the excuse by carrying out specific checks on prospective employees' original documents.

For employees with time-limited leave to be in the UK, employers will only have the excuse if they carry out repeat checks at least once every 12 months.

Our guidance describes the documents that should be or have been checked for staff employed from 29 February 2008. You can find the guidance under 'Current guidance and codes of practice' on our Guidance documents for employers page, or on the Business Link website.

Employing European Economic Area nationals

Employers should ask all EEA nationals to confirm their nationality by producing a specified document, as described above. Additionally, nationals of Bulgaria and Romania may need to be authorised to work.

Our guidance contains details of worker authorisation for these nationals, including exemptions. You can find the guidance under 'Current guidance and codes of practice' on our Guidance documents for employers page, or on the Business Link website.

Penalties for employing illegal migrant workers

If you knowingly employ or have knowingly employed an illegal migrant worker from 29 February 2008, you could be prosecuted and receive an unlimited fine and/or a maximum 2-year prison sentence.

If you employ or employed an illegal migrant worker from 29 February 2008, and you do or did not have an excuse (see below), you could be liable for a civil penalty of up to £10,000 per illegal worker.

Under the Accession (Immigration and Worker Authorisation) Regulations 2006, an employer can be fined up to £5,000 for employing a non-exempt Bulgarian or Romanian who does not have permission to undertake that employment from 1 January 2007.

If you want to lodge an objection against a civil penalty notice of liability, you should use form IWCP-4. You can download this form from the right side of this page.