In the soon-to-be-published new Immigration etc Bill the Government is at last getting tough on those employing people not legally entitled to work in the UK. At the moment such an employer is liable for a £3000 fine, but the reality is that prosecutions are rarely brought.

Compare that with :-

quote:

Employers will face a new £2,000 fixed penalty fine every time they are found to have hired an illegal worker, and a tougher new regime of workplace inspections will be introduced.

That should apply the mind of those employers knowingly employing illegal workers, and indeed ensure that all employers introduce proper routines to ensure that they get all the needed documentation in place so that they can prove that all their workers are not working illegally.

The new legislation will also introduce a points system to be applied to all economic migrants to the UK, that is, those currently coming to the UK on work permits or under the HSMP scheme.

Could this also apply to people being paid cash in hand?

If working illegally I would assume so.

Andy, I would say definitely! It looks like this is going to be a major crackdown on illegal working, and I have to say, about time. The current situation is just making a mockery of the law.

But the Home Office have issued detailed instructions about how an employer can get a statutory defence to any accusation of employing illegal workers. Expect it to be the norm for employers to put routines in place to gather such information from all those working from them, or to whom they are thinking of offering employment. It is not rocket science ..... for the great majority it will just mean showing a British passport.

John - I must say about time, as you know I am Aussie -with appropriate visa and my wife is Thai with appropriate visa. But you don't have to go far in the London communities that we work in and beyond to find people working, shall we say no entirely KOSHA.
A Student Visa seemed to be the biggest scam around - being allowed to work up to 20 odd hours a week "Foreign English Students" seem to working 60 odd hours without anyone policing it. At one place my wife was working,in my personal opinion, she was one of the only one with the correct visa.When they cut her hours I felt like "grassing up" the others that worked there!!

We all know,often through personal expirience who hard it for a loved one to settle here - but once people pass through the border there just seems to be very little "policing" from there on in.
Just a thought - comments?

Hi john
I would like to know what happen to Thai worker,if she hasn't got passport & visa. cos I have know a Thai lady who working in Uxbridge area. She came here in 2weeks touris visa,now 3years she still working no problem( she told me her kept her passport but lost it)
best wishes

quote:

She came here in 2weeks touris visa,now 3years she still working no problem

Well there is a problem! Her employer is taking a big risk. They currently face a £3000 fine, but that is rarely enforced. But the new £2000 fixed penalty notices, where an employer is found to be employing an illegal worker, will lead to employers tightening up their checking routines.

She is taking a risk as well.

From Immigration Rules.

quote:

395A. A person is now liable to administrative removal in certain circumstances in which he would, prior to 2 October 2000, have been liable to deportation.

395B. These circumstances are set out in section 10 of the 1999 Act. They are:

(i) failure to comply with a condition attached to his leave to enter or remain, or remaining beyond the time limited by the leave

395E. When a decision that a person is to be removed under section 10 has been given, a notice will be given to the person concerned informing him of the decision and of any right of appeal.

395F. Following the issue of such a notice an Immigration Officer may authorise detention or make an order restricting a person as to residence, employment or occupation and requiring him to report to the police, pending the removal.

Which means that if she is discovered then she will be removed from the UK, and may be kept in prison while waiting for that removal. Also, under Para 320 of the immigration rules, it is unlikely that she would ever get a UK visa again.

Plus, of course, working illegally means she has no employment rights etc.

quote:

I would like to know what happen to Thai worker,if she hasn't got passport & visa. cos I have know a Thai lady who working in Uxbridge area. She came here in 2weeks touris visa,now 3years she still working no problem( she told me her kept her passport but lost it)

Alot of us on this site have jumped through hoops to bring our partners here legally and keep them here legally. This woman is flouting the immigration laws and needs to be deported.

Just wondering where these teams of people who catch illegals are because I haven't seen any in action anywhere. Lets face it you would have to actually walk into a Cop Shop and tell them that you are here illegally to get caught!!

Skippy

Skippy, apart from some high-profile raids, on some factories, or fields where pickers are in action, I agree with you, there is not much action in catching those employing illegals.

However expect that to change when the £2000 Fixed Penalty Notice is introduced.

In March factory in Telford was raided. That factory had hired lots of workers from an agency and then clearly started to have suspicions, because it was the factory owner who tipped off immigration. More detail by clicking here.

Thank you very much.
I was working with her in Thai restuarant 4months ago,then she asked me can she get new Thai passport but I dont know
I asked my husband he say she can't. I lept my job 2 months ago cos the owner not very nice person.
i'm sorry my english is not very good hope you understand
thank you
best wishes

I am sure she can report her passport as lost to the Royal Thai Embassy in Kensington. They will at least be able to issue a travel document so she can get back home to Thailand, if not an actual replacement passport.

They will probably want a copy of the police report from when she reported the loss to the police, which as she is an illegal is going tp be a bit difficult for her.

(I'm with Mark on this. If there was not a problem with illegal workers and overstayers then our partners and other legitimate visitors would find getting a visa a lot easier.)