The London Marathon is back in its April slot this year, and Sally has been training (or trying to) since November. This is not the first time that Sally has put herself under such physical pressure. Back in 2016, she ran the London Marathon in memory of her late...
Latest insighs
Azarmi Law is a Legal 500 2023 “Firm to Watch” for Immigration
Although we have been around since 2012, this has been the first year we have made submissions to the annual round of legal directories. We appreciate that it can take a while to make it on to the researchers’ radar and so we are delighted that this year’s efforts...
Tamzin Impey graduates with first class honours and now fully on board as a Trainee Solicitor at Azarmi Law
We are delighted that Tamzin Impey has successfully completed her law degree at the University of Westminster, achieving a very impressive First. This top honours included coming second in her year for the Human Rights module cohort. Tamzin joined Azarmi Law as a...
Home Office announces wholesale changes to the Immigration Rules
by Sally Azarmi The Home Office has announced an overhaul of the ‘Pre-Brexit’ immigration system and introduced several new routes into the UK. This shift brings the UK’s system closer to that of Australia – the template the Government indicated it would be using...
Sally Azarmi (and Zeus) go walkies in support of access to justice
Sally Azarmi and her four-legged fundraiser Zeus are taking part in this year’s London Legal Walkies on Saturday 23 April in Greenwich Park. They will be raising money for access to justice for vulnerable people who find themselves in great difficulty, needing a...
Home Office Closes Investor Visa – With Immediate Effect
The Tier 1 Investor Visa, often referred to as the ‘Golden Visa’ has been closed today by the UK Government with ‘immediate effect’.
Protecting Your Business: Compliance with UK Immigration Rules
At Azarmi Law, we specialise in guiding businesses through the complex and sometimes costly landscape of UK immigration law, including when faced with substantial penalties. We work with Immigration and Criminal law counsel on such cases. We recently acted for a haulage company with substantial penalties imposed against them amounting to £160,000 under the Clandestine Entrant Civil Penalty Scheme. Working together with Thomas Daniel of 2 BR, we were able to object to the level of penalty and secure a reduction of over 50%, without appealing to the County Court.
The UK Home Office has recently significantly increased enforcement of immigration rules, targeting illegal working and the transportation of clandestine entrants. Companies that hire individuals without the right to work or fail to secure their vehicles against unauthorised entrants risk:
- Civil Penalties for illegal workers: The civil penalty schemes for breaches of immigration law in England and Wales are primarily governed by the Immigration, Asylum and Nationality Act 2006 (IANA 2006) and the Immigration Act 2014. Under section 15 of the IANA 2006, employers can be penalised for employing individuals who are subject to immigration control and do not have the right to work in the UK. The maximum civil penalty for employing illegal workers tripled from £20,000 to £60,000 on 13 February 2024. The Home Office’s figures show that the number of penalties issued for the second quarter of 2024 amounted to £21.5 million, as opposed to £5.6 million in the same quarter of 2023 [Immigration Enforcement Data: Q3 2024]. This is almost a fourfold increase.
- Civil Penalties for Clandestine Entrants: The law which establishes the penalty scheme for clandestine is contained within Part II of the Immigration and Asylum Act 1999. Further legal requirements, including the security standards expected of owners, operators, hirers to adhere to when securing a vehicle, are found in the Carriers’ Liability Regulations 2002 and the Carriers Liability (Amendment) Regulations 2023. Recent legislative changes have tightened these rules further, making statutory defences more difficult to establish. Under the current regulations, individuals responsible for a clandestine entrant may be required to pay a civil penalty of up to £10,000 per clandestine entrant.
- Penalties for Drivers: If you are driving a goods vehicle, you have responsibilities under the Carriers Liability (Amendments) Regulations 2023. If your vehicle is not adequately secured you could be fined, even if no clandestine entrant is found. You may face a fine of up to £6,000 if you drive a goods vehicle that is not adequately secured. This applies whether you are entering or departing the UK. This is a fine imposed on the driver which will often land with the employer.
- Criminal Charges: In cases of deliberate or repeated breaches, directors may face criminal prosecution.
Don’t Take Risks with Your Business
Immigration compliance is not just a legal obligation—it is essential to protecting your company’s future. Contact us today to ensure your business meets all regulatory requirements and avoids costly penalties. Prevention is always better than cure!
For more information please see our webpage.