(1)A person commits an offence if he employs another (“the employee”) knowing that the employee is an adult subject to immigration control and that—
(a)he has not been granted leave to enter or remain in the United Kingdom, or
(b)his 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 him 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 two 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.
Commencement Information
I1S. 21 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))