Important Updates
Important Updates
September 3, 2025 | United StatesUnited States: EB-2 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2025
September 3, 2025 | GhanaGhana: National Petroleum Authority Letter Required for Some Petroleum Companies
September 3, 2025 | KuwaitKuwait: Resumption of Commercial Visit Visa Issuance for Pakistani Nationals
September 3, 2025 | 🌐Minimum Salary Changes Announced
September 3, 2025 | RussiaRussia: New Monitoring Application Requirements for Certain Nationals
September 3, 2025 | United StatesUnited States: EB-2 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2025
September 3, 2025 | GhanaGhana: National Petroleum Authority Letter Required for Some Petroleum Companies
September 3, 2025 | KuwaitKuwait: Resumption of Commercial Visit Visa Issuance for Pakistani Nationals
September 3, 2025 | 🌐Minimum Salary Changes Announced
September 3, 2025 | RussiaRussia: New Monitoring Application Requirements for Certain Nationals
September 3, 2025 | United StatesUnited States: EB-2 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2025
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

New Criminal Penalties for Foreign Nationals Working Illegally and Their Employers

July 15, 2016

insight-news-default

Country / Territory

  • United KingdomUnited Kingdom

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United Kingdom

In an effort to further prevent illegal work in the United Kingdom, new provisions were introduced by the Immigration Act 2016 stating that foreign nationals found to be undertaking employment in the United Kingdom after disqualification from employment for immigration-related reasons are subject to a criminal offence.  Employers are also subject to new penalties if they know or have reasonable cause to believe that a foreign worker has no right to work in the United Kingdom. Both offences can lead to imprisonment or a fine.

The new provision will apply to any offence committed on or after July 12, and will not apply retroactively.

Applicability to Migrant Workers

A migrant worker who knows or has reasonable cause to believe that he or she has been disqualified from working by reason of their immigration status is now considered to have committed an immigration offence.

The law defines a person disqualified from undertaking employment in the United Kingdom by reason of immigration status where:

  • Leave to enter or remain in the United Kingdom has not been granted;
  • Leave to enter or remain in the United Kingdom has ceased to be effective (whether by reason of curtailment, revocation, cancellation, passage of time, or otherwise); or
  • The individual is subject to a condition preventing him or her from undertaking the work (for example a Tier 4 Student.)

The offence carries a maximum penalty of six months imprisonment and/or an unlimited fine in England.  In Scotland and Northern Ireland, the offence carries a maximum penalty of six months’ imprisonment and/or a fine of the statutory maximum.

Where illegal working is identified, individual wages can be seized as the proceeds of crime.

Applicability to Employers

Employers who knowingly employed an illegal worker were already subject to fines of up to GBP 20,000 or two years imprisonment.  Now, employers with reasonable cause to believe that an employee has no right to work in the United Kingdom or to do the work in question are also subject to the same penalties. In practice, this means employers can still face prosecution even where it cannot be proven that the employer knew that the employee had no permission to work in the United Kingdom, if a court finds they could reasonably have known.

 

Moreover, the maximum sentence for this offence has now been increased from two to five years' imprisonment.

What This Means for Employers and Foreign Nationals

Foreign workers and employers should work with their immigration professional to ensure compliance with immigration laws.

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].

© 2016 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • United KingdomUnited Kingdom

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Media mentions

The Advocate: Navigating the Complexities of Business Immigration Law

Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.