Immigration, Asylum and Nationality Act 2006
What this means for your business
- Enforced by
- IPO
- Applies to
- United Kingdom
- On this page
- 4 compliance obligations, 8 practical guides across 2 topics
What you must do
4 compliance obligations under this legislation — 3 can result in imprisonment.
Offences and prohibitions 2
Employ a worker who is not allowed to work in the UK
5 years imprisonmentIf you hire someone who does not have valid leave to work in the United Kingdom – for example their permission has expired, been revoked or they have never been granted permission – and you know this or ought to have known, you commit a criminal offence. On conviction you can be sentenced to up to five years in prison and/or an unlimited fine. The same offence can also be tried in a magistrates’ court, where the maximum imprisonment is the court’s general limit (up to six months) and a fine up to the statutory maximum.
Obstruct or assault immigration officer exercising powers under section 40
51 weeks imprisonmentIf you, or anyone acting for your business, flee detention, interfere with or assault an immigration officer who is using powers under section 40, you commit a criminal offence. On conviction you can be sentenced to up to 51 weeks' imprisonment (or six months in Scotland/Northern Ireland) and/or an unlimited fine. The case will be dealt with in the Magistrates' Court.
Reporting and filing 2
Provide freight information to police on demand
If a senior police officer (superintendent or higher) asks you for freight details about a ship, aircraft or vehicle arriving or leaving the UK, or about goods you are importing or exporting, you must give that information in writing. The request will specify what is needed and when it must be provided, and it can be enforceable for up to six months.
Provide passenger and crew information to police on request
51 weeks (England & Wales) or 6 months (Scotland/Northern Ireland) imprisonmentIf you own or act as an agent for a ship or aircraft that is arriving in, leaving, or expected to arrive or leave the UK, you must give the police any passenger, crew or voyage details they ask for. The police can only ask for this in writing and will tell you by when the information must be supplied.
Penalties for non-compliance
3 penalties under this legislation. 3 can result in imprisonment. 2 carry an unlimited fine.
Employ a worker who is not allowed to work in the UK
Unlimited fine and/or 5 years imprisonment
Obstruct or assault immigration officer exercising powers under section 40
Unlimited fine and/or 51 weeks imprisonment
Fail to provide required information to authorities
Fine up to £2,500 and/or 51 weeks (England & Wales) or 6 months (Scotland/Northern Ireland) imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 5
Specialist retail licences and registrations
Specialist licences required for specific retail activities including tobacco registration, fireworks sales, pet shops, scrap metal dealing, and …
Hospitality sector market overview
Market size, growth trends, investment opportunities, and key statistics for the UK hospitality sector including employment, business counts, …
Employment law for hospitality businesses
Tips and service charge distribution, DBS checks for staff working with children, workplace pensions, and employment law considerations …
Right to work checks for hospitality employers
Step-by-step guide to conducting right to work checks for hospitality staff, including the three-step process, online checking service, …
Holiday let food hygiene, employment and insurance
Food hygiene, employment law, insurance, and environmental duties for self-catering holiday accommodation. Covers food business registration, allergens, food …
Employment & HR 3
Mandatory hiring requirements
Every employer obligation from pre-hire through the first month of employment. Covers right to work checks, written statements …
Check someone's right to work
How to conduct compliant right to work checks before employment begins. Includes acceptable documents, online checking service, follow-up …
Sponsor overseas workers
Get a sponsor licence to hire skilled workers from outside the UK. Covers licence fees, salary thresholds, Immigration …
Sections and provisions
69 classified provisions from this legislation.
Offences and penalties 6
Powers 13
- s.11 Continuation of leave
- s.20 Orders
- s.31 Provision of information to immigration officers
- s.32A Regulations requiring information to be provided to police
- s.32B Penalty for breach of section 32 or 32A
- s.39 Disclosure to law enforcement agencies
- s.40 Searches: contracting out
- s.43 Accommodation
- s.44 Failed asylum-seekers: withdrawal of support
- s.49 Capacity to make nationality application
- s.53 Arrest pending deportation
- s.56 Deprivation of citizenship
- s.57 Deprivation of right of abode