Immigration Act 2014
What this means for your business
- Enforced by
- IPO
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 5 practical guides across 2 topics
What you must do
6 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 2
Close accounts of disqualified persons not under a freezing order
If you run a bank or building society and you are told that one of your customers has been disqualified by the Home Office, you must shut any of their accounts that are not covered by a freezing order as soon as reasonably possible. You can only delay the closure in limited circumstances and must report the steps you take to the Secretary of State.
Terminate a tenancy when occupiers are disqualified
If the Secretary of State sends you a written notice that a tenant (or everyone living in the property) is disqualified to hold a residential tenancy because of their immigration status, you must end that tenancy. You can do this by giving the tenant a formal written notice, which must state that the tenancy ends no earlier than 28 days after you send it.
Notifications 1
Notify the Secretary of State of accounts for disqualified persons
If your bank or building society, after carrying out an immigration check, discovers a current account that is operated by or for someone you believe is a disqualified person, you must tell the Secretary of State as soon as reasonably practicable and supply any extra information the regulations require.
Offences and prohibitions 3
Breach of landlord or agent obligations under Immigration Act
5 years imprisonmentIf you act as a landlord or an immigration agent and commit an offence under section 33A (landlords) or section 33B (agents), you can be prosecuted. On conviction on indictment you face up to five years’ imprisonment, an unlimited fine, or both; on summary conviction you face up to the magistrates’‑court limit (normally six months for offences before 2 May 2022) imprisonment, an unlimited fine, or both. A company can also be liable, and any director, manager, secretary or partner involved will be treated as personally guilty.
Fail to warn landlord of immigration contravention
Fine up to £20,000If you act as a landlord’s agent and you know (or have reasonable cause to believe) that the landlord will breach the immigration requirements in section 22 when signing a residential tenancy, you must warn them before the agreement is signed. Likewise, if a post‑grant breach occurs and you know about it, you must meet the exceptions set out in section 26(6); otherwise you commit an offence. Conviction can lead to a fine (potentially unlimited) and/or imprisonment, with the exact penalty set elsewhere in the Act.
Rent to an adult disqualified by immigration status
Fine up to £20,000If you let a residential property in England to an adult who is barred from tenancy because of their immigration status, and you know (or should reasonably have known) this, you commit a criminal offence. The offence also applies to any post‑grant breach of the tenancy where you are the responsible landlord and are aware of the breach, unless a specific exemption or written notice from the Secretary of State applies. Conviction can lead to a fine and/or imprisonment, the exact limits of which are set out elsewhere in the Act.
Penalties for non-compliance
3 penalties under this legislation. 1 can result in imprisonment. 1 carry an unlimited fine.
Breach of landlord or agent obligations under Immigration Act
Unlimited fine and/or 5 years imprisonment
Fail to warn landlord of immigration contravention
Fine up to £20,000
Rent to an adult disqualified by immigration status
Fine up to £20,000
Practical guidance
Our guides explain how to comply with the requirements above.
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Sections and provisions
100 classified provisions from this legislation.
Duties 5
Offences and penalties 4
Powers 26
- s.3 Independent Family Returns Panel
- Schedule 5 Sham marriage and civil partnership: administrative regulations
- s.9 Identifying persons liable to detention
- s.20 Residential tenancy agreement
- s.23 Penalty notices: landlords
- s.25 Penalty notices: agents
- s.29 Objection
- s.33E Other procedures for ending agreement
- s.34 Orders
- s.35 Transitional provision
- s.37 Interpretation
- s.38 Immigration health charge
- s.40C Action to be taken by Secretary of State following section 40B notification
- s.41 Regulation by Financial Conduct Authority
- s.43 Power to amend
- s.47 Revocation of driving licences on grounds of immigration status
- s.48 Decision whether to investigate
- s.51 Investigations: supplementary
- s.54 Supplementary provision
- s.60 Regulations about evidence
- ... and 6 more powers
Definitions 13
- s.19 Article 8 of the ECHR: public interest considerations the public interest question Article 8 qualifying child
- s.21 Persons disqualified by immigration status or with limited right to rent relevant national
- s.22 Persons disqualified by immigration status not to be leased premises post-grant contravention pre-grant contravention
- s.27 Eligibility period leave period validity period immigration document
- s.39 Related provision: charges for health services residence scheme immigration rules
- s.40H Sections 40A to 40G: interpretation Freezing order Disqualified person
- s.40A Requirement to carry out immigration checks in relation to current accounts
- s.42 “Bank” and “building society” bank authorised deposit-taker building society
- s.53 Extension of scheme to Scotland and Northern Ireland duty of referral referral and investigation scheme
- s.62 Interpretation of this Part registrar Registrar General relevant national
- s.70A Immigration skills charge entry clearance residence scheme immigration rules
- s.73 Transitional and consequential provision
- Schedule 3 Excluded residential tenancy agreements Social housing Relevant provision registered housing association
Exemptions 12
- s.1 Removal of persons unlawfully in the United Kingdom
- Schedule 6 Information
- s.24 Excuses available to landlords
- s.26 Excuses available to agents
- s.28 Penalty notices: general
- s.40 Prohibition on opening current accounts for disqualified persons
- s.40D Freezing orders
- s.49 Exempt persons
- s.65 Persons unable to acquire citizenship: natural father not married to mother
- s.70 Power to charge fees for attendance services in particular cases
- s.74 Orders and regulations
- s.76 Extent