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Illegal Working Penalties: Code of Practice for Employers, 2021

This code of practice sets out the prescribed checks that employers should conduct to avoid a civil penalty in the event of illegal working.

It has been updated to reflect that from 1 July 2021, EEA citizens and their family members require immigration status in the UK, in the same way as other foreign nationals.

Employers have a responsibility to prevent illegal working in the UK by ensuring that employees have the right to work here. This code of practice has been issued under section 19 of the Immigration, Asylum and Nationality Act 2006 (the Act) to specify the factors to be considered by the Home Office in determining the amount of the civil penalty for employing an illegal worker.

This code updates the one issued in January 2019. As stated above, it has been updated to reflect the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms) Order 2021, which makes a number of changes that will come into force after 1 July 2021.

This is the fourth version of this code, and the changes detailed within come into force on 1 July 2021.

It is available here.

Home Office and Immigration Enforcement June 2021

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