Immigration Act 2016
By virtue of the Act's first Commencement Order [1] made on 23rd May 2016, the following provisions come into force on 12 July 2016:
- Sections 1 to 9 [2] 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 [3] whereby The Gangmasters Licensing Authority is renamed the Gangmasters and Labour Abuse Authority and given extended powers
- Section 34 [4]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 [5] 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 [6]and guidance on an employer's duties not to employ illegal workers and how to comply with them is found here [7]