Immigration Bill Receives Royal Assent - Employment aspects
On 12 May 2016, the Immigration Bill received Royal Assent and became the Immigration Act 2016.
The Act will give effect to a number of government commitments that are intended to curb illegal working and prevent the exploitation of migrant workers. Provisions of particular interest include:
- Extending the existing criminal offence of knowingly employing an illegal migrant to apply where an employer has a reasonable cause to believe that a person is an illegal worker. Conviction on indictment for this offence will increase from two to five years. The Act also creates a new offence of illegal working which will enable the earnings of illegal workers to be seized under the Proceeds of Crime Act 2002;
- Giving the Secretary of State the power to introduce an immigration skills charge on certain employers who sponsor skilled workers from outside of the European Economic Area;
- Requiring public authorities to ensure that public sector workers in customer-facing roles speak fluent English;
- Creating a new post of Director of Labour Market Enforcement. The Director will be tasked with over-seeing and co-ordinating enforcement of worker exploitation legislation by the three main bodies responsible: the Gangmasters Licensing Authority, the Employment Standards Inspectorate and HMRC;
- Creating a new criminal offence of aggravated breach of labour marker legislation.
The Act will be brought into force in stages by secondary legislation on dates to be announced. The immigration skills charge is expected to be introduced in April 2017.
Posted on 06/01/2016 by Ortolan
