From November 25, immigration officers will have tough new powers allowing them to close down business premises where they believe the business has repeatedly employed illegal staff.

The new powers – known as illegal working closure notices and compliance orders – come from the Immigration Act 2016.

Under the Immigration Act 2016, these new rules an Immigration Officer may issue an illegal working closure notice prohibiting paid or voluntary work at a named premises and also prohibiting access to those premises for up to 48 hours.

During that period an application must be made to a magistrates’ court for an illegal working compliance order. This can lead to further restrictions on the business including closure for up to two years in total.

In parliamentary debates about these new powers, ministers described them as being available in cases where businesses repeatedly flout the law relating to illegal working. A repeat offender could be an employer who is found to be employing an illegal worker for a second time in a three-year period, even if they did so without realising.

Even the most careful of employers could inadvertently employ someone who does not have permission to work if they are presented with a forged or fraudulent document which purports to show that they have a right to work in the UK.

In those cases, as long as the employer has checked the employee’s right to work in the UK and obtained copies of documents which comply with the Home Office’s rules on preventing illegal working, then an illegal working closure notice cannot not be issued.

If one has been issued, then it should be cancelled.

However, in the light of these new powers it is more important than ever that employers ensure they are conducting ‘right to work’ checks on their employees and prospective employees which fully comply with the Home Office rules.

  • This is for guidance only. We recommend that you take legal advice for your circumstances.