The UK Border Agency (UKBA) has published a list of employers
who have been penalized for noncompliance with work authorization rules but have failed to pay assessed fines. The list, which is divided by region, will be updated quarterly.
Employers are named if they have not started to pay their fines 28 days after the exhaustion of their appeal rights, or if they have been served with a second or further penalty. The report includes employers’ trading names and locations and detail the severity of each penalty.
A second report details by region the overall number of noncompliant employers and the total monetary value of civil penalties issued per quarter, but does not name individual employers. Between July 1 and September 30, 2011, the UKBA issued 342 civil penalties totalling £2,934,500.
Employers in the UK that knowingly or unknowingly employ unauthorized workers can incur civil penalties of up to £10,000 per worker. Employers are required to verify the identity and work eligibility of all new employees before their first day of work. They are also required to maintain copies of employees’ work eligibility documents on file, and re-verify their employees’ work authorization annually. Failure to do so may also result in civil penalties. The UKBA enforces these requirements through the use of targeted audits and enforcement visits. Employers that are sponsors under the UK’s Points Based System are also subject to random compliance audits.
The UKBA website
provides guidance for employers wishing to avoid civil penalties for noncompliance.
This alert is provided for informational purposes only. If you require clarification or have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to .