Immigration Act 2016
By virtue of the Act's first Commencement Order made on 23rd May 2016, the following provisions come into force on 12 July 2016:
- Sections 1 to 9 dealing with the creation of a new post of Director of Labour Market Enforcement who will oversee the relevant enforcement agencies i.e. the Gangmasters and Labour Abuse Authority, the Employment Standards Inspectorate and HMRC.
- Sections 10-13 whereby The Gangmasters Licensing Authority is renamed the Gangmasters and Labour Abuse Authority and given extended powers
- Section 34 which creates a new offence of working illegally and enables illegal workers’ earnings to be seized as the proceeds of crime under the Proceeds of Crime Act 2002.
- Section 35 whereby the existing criminal offence of knowingly employing an illegal migrant is extended to the situation where an employer has ‘a reasonable cause’ to believe that a person is an illegal worker and the maximum penalty increases from two to five years.
For subscribers, further information on The Immigration Act 2016 is found here and guidance on an employer's duties not to employ illegal workers and how to comply with them is found here