New illegal working offence now in force

Employers should be aware that the new illegal working offence is now in force. The new offence will enable the earnings of illegal workers to be seized under the Proceeds of Crime Act 2002. The existing criminal offence of knowingly employing an illegal migrant has also been extended to include the situation where an employer has a reasonable cause to believe that a person is an illegal worker.

The government has published guidance to take into account the new offence, including a guide on how to carry out right to work checks and a factsheet on illegal working.