PART 1Labour market and illegal working
CHAPTER 2Illegal working
Offences
I135Offence of employing illegal worker
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)
”
.