On September 1, 2023, a tougher penalty regime for employing foreign nationals who lack appropriate work or residency rights came into effect. The new regime both increases existing penalties for the offence of hiring foreign nationals who lack appropriate residency rights, and establishes the new (and broader) offence of hiring foreign nationals in ‘irregular situations’. Accordingly, employers are now liable for an administrative fine of up to EUR 10,000 for each foreign national hired who lacks appropriate work or residency rights (the previous equivalent fine was EUR 2,500). Meanwhile, employers who severely breach these rules are liable for a fine of between EUR 2,501-EUR 125,000 and/or imprisonment of between eight days and one year – depending on the severity of the offence. Aggravating circumstances include repeated breaches; illegally hiring multiple foreign nationals simultaneously; illegally hiring victims of human trafficking or minors; or imposing abusive work conditions (including discrimination on gender or other grounds). Previously, the maximum penalty for such aggravated offending was a fine of up to EUR 20,000 for each foreign national illegally hired. The prison sentences have not changed.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.