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Immigration Act

 

The government has introduced a number of laws in order to govern immigration. The Immigration Act was introduced in 1971. This was then supplemented by the Asylum and Immigration Appeals Act 1993. The current legislation which governs immigration and appeals is the Asylum and Immigration Act 1996. This Act came into force on 27 January 1997.

It is imperative that employers comply with the Asylum and Immigration Act. Non-compliance with the Act could have huge ramifications. Under section 8 of the Asylum and Immigration Act, the onus is placed on employers to ensure that all their staff are not working in breach of immigration rules. Below are a few examples of where someone may be working in breach of these rules: 

  • If they came to the UK on a tourist visa and are now working in the UK (under a tourist visa you are not allowed to work)
  • If they came to the UK under a student visa and are working full time (under a student visa you are allowed to work, but only part time - which is currently a maximum of 20 hours per week)

Under the Asylum and Immigration Act, if you unknowingly hire a worker to work for you in breach of Immigration Rules, you could face a fine of £5,000 - £10,000 per illegal worker. There is also the possibility of facing a custodial sentence. This underlines the importance of seeking sound legal advice before employing workers from overseas.

If you would like to obtain legal advice and information on immigration law, Caven can put you in touch with a local specialist immigration solicitor free of charge. So, if you have any questions or would like our help in finding local immigration solicitors please call us on 0800 177 7162 or complete the web-form above.

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