Preventing illegal working & Operation Magnify September 2016

Why is tackling illegal working a Government priority? Illegal working is a key driver of illegal immigration. It encourages people to enter the UK illegally – often at great personal risk to themselves and their families. It encourages migrants to overstay and to breach their conditions of stay in the UK. It is linked to exploitation of workers and breaches of other workplace regulations. It can drive down wages, impact on employment opportunities for lawful migrants and British citizens and undercut legitimate business.

Immigration Enforcement: Hostile Environment Immigration Enforcement is responsible for preventing abuse, tracking immigration offenders and increasing compliance with immigration law. It works with partners such as the police to regulate migration in line with government policy, while supporting economic growth. It is getting increasingly difficult for migrants to remain in the UK unlawfully. New legislative powers ensure access to services such as bank accounts, driving licences and NHS limited. Right to Rent checks require tenants to provide evidence of lawful residence before being able to rent property.

Operation Magnify Markets Sector Operation Magnify is a cross-Government campaign targeting employers who recruit and exploit illegal migrant workers. The Markets sector has been identified as high-risk for illegal employment for reasons including: Highly competitive and cash-rich sector. Low skilled, low paid workers with no set contracts or shifts. Exhibit poor levels of compliance with tax regulations. Immigration status checks are not required to obtain a market-stall licence.

Operation Magnify – Aims To support employers who want to be compliant by raising awareness about their responsibilities to prevent illegal working. To form long term partnerships with organisations, bodies and local government to develop intelligence and to promote compliance with immigration legislation within the sector. To take cross-Government enforcement action against abusive employers, imposing a range of sanctions on those who employ illegal migrants.

Case Study Compliance Visits Joint compliance visits conducted in conjunction with HMRC, Trading Licences and LA Market Operators. Eight stalls selected for random checks – 7 were found to be non-compliant for HMRC purposes and four were of interest for immigration offences. This information is fed into intelligence databases for the purposes of identifying trends and patterns of illegal working.

Case Study Enforcement Visits Intelligence developed in relation to a well known market area in London relating to illegal working on stands and delivery areas on site leading to 27 illegal workers/ migrants arrested and 8 residential addresses being searched where further people were found. Joint enforcement operation with the police targeting mobile phone crime. 28 arrests made for various offences including 10 solely for immigration offences. .

Employer Responsibility and Sanctions The employers’ duty to prevent illegal working has existed since 1997. The Immigration, Asylum and Nationality Act 2006 lays out criminal and civil sanctions for non- compliance. A civil penalty of up to £20,000 for each illegal worker identified, unless the employer has a statutory excuse. Criminal prosecution for knowingly employing an illegal worker under section 21 of the Act. Additional possible sanctions include consequences for sponsor licences, credit references and, in the event of non payment, disqualification as a director.

Immigration Act 2016 New offence of illegal working - permits wages to be seized or confiscated as the proceeds of crime. Strengthens the existing offence of employing an illegal worker; making it easier to prove, and increasing the maximum custodial sentence from 2 to 5 years. Introduces closure notices and illegal working compliance orders – closing a business for up to 48 hours and asking a court to place the business under special compliance measures. Prevents illegal migrants (and those who have otherwise breached immigration laws) holding licences for alcohol/late night refreshment and taxi/private hire vehicles. Criminal offence to drive whilst illegally in the UK.

In parallel with legislative changes. Operational enforcement – working with multiple agencies involved in regulating workplace compliance to identify where breaches are taking place, and taking robust action against employers. Support tools for employers – making right to work checks simpler and more secure, including through the development of additional tools for employers, such as automated immigration status verification facilities. Communication – spreading awareness of legislative changes and employer responsibility and engaging with high risk sectors of the economy.

The employer’s duty to prevent illegal working The employer will conduct a right to work check on all employees: before they begin work; and if the person has time-limited permission to be in the UK and work, a further check when permission is due to expire. A Home Office helpline is available for general enquiries about conducting right to work checks. It is important to avoid discrimination while conducting right to work checks. Codes of Practice and further guidance are available on gov.uk.

The three step right to work check Obtain Obtain original versions of one or more acceptable documents. Check Check the document's validity in the presence of the holder Copy make and retain a clear copy, and record the date the check was made.

Acceptable Documents UK or European Passports, Vignettes, Application Registration Cards, Biometric Resident Cards. Documents in List A – Continuous statutory excuse and checks to be done at the start of employment only. Documents in List B, Group 1 – Time limited excuse; checks to be conducted at the start of employment and again at the expiration of leave. Documents in List B, Group 2 – Time limited excuse; checks to be conducted at the start of employment and again after six months. Letters from solicitors indicating successful appeals or copies of court judgments do not provide a statutory excuse.

EU/EEA Member States Austria Latvia Belgium Liechtenstein* Bulgaria Croatia Cyprus Czech Republic Denmark Estonia France Finland Germany Greece Hungary Iceland* Ireland Italy Latvia Liechtenstein* Lithuania Luxembourg Malta Netherlands Norway* Poland Portugal Romania Slovakia Slovenia Spain Sweden Switzerland** United Kingdom .

Acceptable Documents Passports

Biometric Resident Permit Acceptable Documents Biometric Resident Permit 1. Holder’s photograph 2. Holder’s name 3. Valid until – the date the permit expires. 4. Place and date of issue 5. Type of permit 6. Remarks – these are the immigration entitlements for the length of the holder’s stay, and may continue on the back of the permit 7. ZU1234567 – unique permit number 8. Holder’s signature 9. Biometric chip 10. Holder’s gender 11. Holder’s date and place of birth 12. Holder’s nationality 13. Remarks 14. Machine readable zone (MRZ)

Vignettes – Entry Clearance Acceptable Documents Vignettes – Entry Clearance 1 2 3 4 1. Holder’s name 2. Type of permit/ Visa 3. Valid until 4. Date of Birth 5. Nationality 6. Passport Number 7. Remarks – these are the immigration entitlements for the length of the holder’s stay, including work entitlements 8. Holder’s photograph 8 5 7 6

Vignettes – Residence Permits Acceptable Documents Vignettes – Residence Permits 1 2 3 4 1. Holder’s name 2. Valid Until 3. Vignette Number 4. Date of Birth 5. Nationality 6. Type of permit/ Visa 7. Remarks – these are the immigration entitlements for the length of the holder’s stay, including work entitlements 8. Holder’s photograph 8 5 7 6

Right of Abode and Immigration Stamps including unsafe working conditions and tax avoidance.

Forgery Trends Impersonation: pretending to be the rightful holder of the document Passports and photographic ID Date of birth and age of person Counterfeit : a complete reproduction of a genuine document Quality of the document Watermarks and laminates Forgery: a document that has been unlawfully altered Photographs or air bubbles Print quality Amendments: names or dates Is the person in front of you the rightful holder of the document? Check date of birth against applicants appearance. Check expiry dates are valid and have not expired. Check stamps and endorsements to confirm right to be in the UK. Check names and seek original additional documents for any discrepancies (e.g. marriage cert).

Examples – Document Quality including unsafe working conditions and tax avoidance.

Examples – Document Quality including unsafe working conditions and tax avoidance.

Examples – Substituted pages including unsafe working conditions and tax avoidance.

Examples – Amended Details

Examples – Other Documents False National Insurance cards are widespread and counterfeit British Residence cards are becoming a regular occurrence.

Op Magnify – Markets Sector For general questions about right to work checks: Employer Helpline: 0300 123 4699 To report illegal workers and their employers: https://www.gov.uk/report-immigration-crime Immigration Enforcement Hotline 0300 123 7000 www.crimestoppers-uk.org 0800 555 111 Op Magnify – Markets Sector HMI Sue Blackwood Sue.Blackwood@homeoffice.gsi.gov.uk IO Kausar Khanzadi Kausar.khanzadi@homeoffice.gsi.gov.uk