Section 35: Offence of employing illegal worker

Immigration Act 2016 · 2016 c. 19View on legislation.gov.uk

Part 1: Labour market and illegal working — CHAPTER 2: Illegal working

Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in accordance with subsections (2) to (4).

In subsection (1) for the words from "an adult" to the end of the subsection substitute " disqualified from employment by reason of the employee's immigration status. "

After subsection (1) insert—

In subsection (2)(a)(i) (maximum term of imprisonment for conviction of offence on indictment) for "two" substitute ." five "

Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences by bodies corporate etc) is amended in accordance with subsections (6) and (7).

After subsection (1) insert—

In each of subsections (2) and (4) after "21(1)" insert ." or (1A) "

In section 24(a) of the Immigration, Asylum and Nationality Act 2006 (immigration bail) for "21(1)" substitute ." 21(1B) "

In section 28A of the Immigration Act 1971 (arrest without warrant)—

after subsection (9A) insert—9BAn immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—ahas committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), orbis committing or attempting to commit that offence.,
in subsection (10) for "and (5)" substitute , and" , (5) and (9B) "
in subsection (11) for "and (5)" substitute ." , (5) and (9B) "

In section 28AA(1) of that Act (arrest with warrant) for paragraphs (a) and (b) substitute ." section 24(1)(d) "

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.