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) ”.