My employer has employed illegal workers

[richddd]

Please can anyone advise.

The company I work with are small and my management thought they could simply move workers from the USA to the UK without a visa.

I was tasked with applying on behalf of the company for a licence with UKBA, it was approved and the I was provided COS's which were assigned to the USA employees.

The time between the employees arriving in the UK, and subsequently receiving their visa was 10 months, and they were involved in work in the UK throughout that time.

The company thoughtout the 10 months were invoicing UK clients, for the services provided by the illegal workers, for an amount over £50k.

So, what are the potential repercussions if the UKBA knew the company knowingly employed illegal workers?

[MPH80]

https://www.gov.uk/penalties-for-employ ... al-workers

[richddd]

https://www.gov.uk/penalties-for-employ ... al-workers

Hi thanks for the information.

I understand the fines if an employer employs an illegal worker. And I guess they lose their sponsorship licence too and workers go home. I presume this is employers who did not check properly?

But who is liable? It says if 'knowingly' employing illegal workers, you could go to prison for 2 years..

Who would this be. My company knew, I have the emails, there was discussion about risk and fines, yet they continued and profited from this. One director is also a director of a legal firm in London, and he knew about it? I am not a director, but I set the licence up with UKBA, and indeed I knew also it was illegal.

cheers

[xpscapable]

Report illegal immigrants:

http://www.ukba.homeoffice.gov.uk/about ... ort-crime/

[Casa]

I believe the Op is more concerned about his legal liability rather than reporting the crime.

[richddd]

I believe the Op is more concerned about his legal liability rather than reporting the crime.

Hi, thanks, yes I want to understand my position. My employer employs illegal workers, they arrive with no visa, and for 6 months work for the profit of the company. I managed the sponsorship licence, assigned the Cos, but my management, directors, and legal secretary, knew and advised we continue to employ them, we provided accommodation, paid through foreign bank account, and I have email where they knew and discussed this.

My question is, if the authorities investigate, where do I stand?

In the Immigration, Asylum and Nationality Act 2006 it states

11 Offence: bodies corporate, &c.

(1)For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.

(2)If an offence under section 21(1) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.

(3)In subsection (2) a reference to an officer of a body includes a reference to—

(a)a director, manager or secretary,

(b)a person purporting to act as a director, manager or secretary, and

(c)if the affairs of the body are managed by its members, a member.

(4)Where an offence under section 21(1) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—

(a)a partner, and

(b)a person purporting to act as a partner.