Home Office launches Illegal Working Action Plan

On 15 May 2007, the Home Office launched an Illegal Working Action Plan, co-ordinated through the Border and Immigration Agency (BIA). Introducing the Action Plan in the UK parliament, the Minister of State for Immigration, Liam Byrne MP, stated that it consists of “seven key steps to ensure that we do not just stop illegal journeys to the UK, but the illegal jobs that draw illegal migrants to our country.”

The seven steps are:

•    tougher checks abroad – using biometric visas to tie foreign nationals to a single identity allowing entry to the UK to be denied if necessary;
•    compulsory identity cards for foreign nationals – provisions in the UK Borders Bill require foreign nationals living in the UK from outside the European Economic Area (EEA) to apply for biometric ID helping tackle fraud, illegal working and multiple identity;
•    a new employee checking service for employers - a pilot verification service was launched on 15 May, constituting the first joint venture between the Identity and Passport Service (IPS) and the BIA - it is a prelude to biometric checking services which will come on stream with compulsory ID cards for foreign nationals;
•    a sponsorship system “that will ensure that employers take responsibility for whether their workers comply with the immigration rules” – employers will be responsible for helping ensure migrants obey the immigration laws, work only within the terms of their permission to come to the UK, and go home at the end of their stay;
•    additional resources for a new nation-wide enforcement effort;
•    better communication of simplified rules – through a national media and direct mail campaign on illegal working, reminding employers of their responsibilities;
•    penalties for rule breakers – the implementation of civil penalties for those employers who employ illegal migrants as a result of negligent recruitment and a new criminal offence for those found to be knowingly employing illegal workers.

The Action Plan includes a public consultation on the implementation of measures to prevent illegal migrant working contained in the Immigration, Asylum and Nationality Act 2006, specifically a proposed new system of civil penalties and a new criminal offence. The deadline for responses is 7 August 2007. A number of large UK employers as well as organisations have been invited to respond, and responses from others are welcome. For a more detailed consideration of the public consultation, click here.