CIVIL PENALTY UNDER UK IMMIGRATION ACT (

[azankh09]

DEAR ALL

I AM POSTING HERE ON BEHALF OF A FRIEND. MY FRIEND HAS OWNED A BUSINESS WITH TWO OTHER BUSINESS PARTNERS. IN A RECENT RAID AN EMPLOY HAS BEEN FOUND THE HIS VISA WAS EXPIRED AND THE BUSINESS WAS FINED FOR NOT DOING THE AFTERWARD CHECK.

FIRSTLY THE BUSINESS WAS FINED FOR 10000 POUNDS BUT LATER MY FRIEND AND HIS OTHER PARTNERS PRODUCE THE DOCUMENTS, THAT WHEN THE PERSON WAS EMPLOYED FIRSTLY, ALL HIS PAPERS WERE CHECKED AND RECORD WERE KEPT.

THE SAME WAS PRODUCED TO THE UK BORDER AGENCY AND THEY REDUCED THE PENALTY TO 2500. WHICH THEY ARE PAYING IN INSTALLMENT.

NOW MY QUESTION IS

MY FRIEND IS APPLYING FOR NATURALIZATION AFTER COMPLETING 1 YEAR ON ILR. I JUST WANT TO KNOW IF THIS WILL EFFECT HIS APPLICATION.

EVEN HE WASNT PERSONALLY FINED. THE BUSINESS WAS FINED (AND THUS THE OWNER.


NEED YOUR HELP

THANKS IN ADVANCE FOR READING AND RESPONDING TO THIS THREAD

[askmeplz82]

i am not 100% sure but read here. more likely will effect

http://www.ukba.homeoffice.gov.uk/briti ... character/

[azankh09]

Thanks for your reply.

one clarification here , the guy who was employed he gave an upto date document (visa etc) which were bogus. my freind found these document a bit late and then send it to the home office, where he would have been even saved from the penalty but the home office replied that they are time bat now and they were late in sending them so they have to pay that 2500.

So in reality they have carried the afterwards checks but were late in sending the docs to the home office.

[Amber]

Illegal working causes damaging social and economic problems for the UK. It undercuts
businesses that operate within the law, undermines British workers and exploits migrant
workers.
The decision maker will normally refuse an application where there is reliable evidence to
suggest that a person has employed illegal workers.

[azankh09]

Thanks Amber

As I explain in my post that the employee documents were checked both times and seems to be in order. In the first check we retain his
National Insurance number
proof of address
voting list confirmation
passport with a valid visa
NHS certificate and any other thing we can be satisfied of that he was genuine

after the year check he produced and renewed biometric card with college letter that he had extended his visa (which later we found that it was not genuine after the raid)

as we have done the checks on our side, but due to some reason the second documents reached the uk border agency late and the penalty was imposed. We explain it to the UK border agency, which they say it time bat now. Thanks

Please express your veiw on this. Thanks

[Just Wondering]

I assume that the business structure of your friend's business is that of a partnership, and that it is not a limited company in which he is a mere shareholder. Alternatively, if there is a company then he's a director or involved in the running of the business.

To be excused from the penalty, the employer must have complied with any prescribed requirements in relation to the employment of the worker(s) in question. UKBA reduced the penalty which seems to indicate that the employer did not fully comply with the prescribed requirements. If your friend does not believe this is correct then he should seek to appeal the fine within 28 days of the date of fine. If he's beyond this time limit, he should seek legal advice as to his options.

Alternatively, as Amber's link indicates, hiring of an illegal worker is normally grounds for refusal. However, there is an element of discretion and your friend should plead his case as to why discretion should be exercised. It would be handy if he has a letter from UKBA which states that the fine cannot be considered for renewal due to the 28 day time bar. I suggest your friend seeks legal advice as to how best prepare such an application. However, he should bear in mind that discretion is just that - and he'd risk losing his fee if not approved as well as any other costs incurred (e.g. legal fees).

It's a pretty serious offence to hire an illegal worker. There is ample guidance and help for employers on how to carry out proper checks and their obligations under the various acts and regulations. Also, it is worthwhile to keep the relevant documentation on site or easily accessible (but adequately secure for data protection reasons) so if the business site is raided that the documents can be handed over at that time.

[Raj5]

Illegal working causes damaging social and economic problems for the UK. It undercuts
businesses that operate within the law, undermines British workers and exploits migrant
workers.
The decision maker will normally refuse an application where there is reliable evidence to
suggest that a person has employed illegal workers.

Hi Amber,
Is the application for Indefinite Leave to Remain will also be refused in such a situation where applicant is paying installments of civil penalty imposed for hiring illegal worker?