Immigration Act 2016: offence of illegal working and other provisions come into force from 12 July 2


The changes create a new offence of illegal working and extend the existing criminal offence of knowingly employing an illegal migrant.

  • Sections 1 to 9, which deal with the creation of a new post of Director of Labour Market Enforcement. The Director will be tasked with overseeing and co-ordinating enforcement of worker exploitation legislation by the three main bodies responsible: the Gangmasters Licensing Authority (to be renamed as the Gangmasters and Labour Abuse Authority from 12 July 2016), the Employment Standards Inspectorate and HMRC.

  • Section 34, which creates a new offence of illegal working and which will enable the earnings, of illegal workers, to be seized under the Proceeds of Crime Act 2002.

  • Section 35, which extends the existing criminal offence of knowingly employing an illegal migrant to the situation where an employer has a reasonable cause to believe that a person is an illegal worker. Conviction on indictment for this offence will increase from two to five years.


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