Exemplary immigration law enforcement action – Baroness Scotland and her illegal migrant worker

It is now common knowledge that employers who employ illegal migrants may be liable for fines of up to £10,000 for each illegal worker. The law introducing this offence is contained in the Immigration, Asylum and Nationality Act 2006.

At the time this law was passed, Baroness Scotland of Asthal was a Minister of State and Government’s spokesman for the Home Office. The same provisions were used to vindicate her from liability for employing an illegal migrant. She was recently ordered by a court to pay a £5,000 fine.

It has been established by the Court that Baroness Scotland of Asthal was not aware of her cleaner’s true immigration status, having been presented with “appropriate” documentation before employing her. She admitted that she made a mistake by not investigating her cleaner’s eligibility to take up employment further and that on its face the documentation seemed sufficient. At the trial it was established that the cleaner lied during the interview in order to obtain employment. She was convicted by a jury for fraud and sentenced to eight months imprisonment and the costs of proceedings to the sum of £1,200. The court made no recommendation for deportation.

This case proves that no one is immune to the strict provisions on the prohibition of employing illegal migrants. The consequences can include imprisonment. The 2006 Act provides that employers can also be sentenced to imprisonment for a term of up to two years. It is therefore crucial to investigate the immigration history of all prospective employees who are not British citizens. The complexity of immigration laws does not allow you to confirm with complete certainty someone’s eligibility to take up employment in the UK, by a mere inspection of their passport. There are numerous other considerations which need to be taken into account.

Mulberry Finch immigration specialists can offer you a range of services, from in-house audit to pre-employment screening, to make sure that your business is fully compliant with immigration laws.