Immigration Act 2016
What this means for your business
- Enforced by
- GLAA, Home Office
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 1 practical guide
What you must do
6 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 1
Ensure only workers with valid immigration status are employed and obey any closure notice
You must check that every employee aged 16 or over has the right to work in the UK before they start and keep those records up to date. If an immigration officer serves an illegal‑working closure notice you must stop access to the premises and any work immediately, display the notice and cooperate with the officer.
Offences and prohibitions 4
Corporate offence where an officer consents, connives or neglects
2 years imprisonmentIf your company commits an immigration offence under section 27 and a director, manager or other officer either agreed to it, turned a blind eye, or failed to prevent it, both the company and that officer can be prosecuted. Conviction can lead to an unlimited fine and, depending on the underlying offence, possible imprisonment.
Drive a vehicle while unlawfully present in the UK
51 weeks (England & Wales) or 6 months (Scotland & Northern Ireland) imprisonmentIf you (or someone driving a vehicle for your business) drive on a road while you are not lawfully resident in the United Kingdom, and you know or should know you are not lawfully resident, you commit a criminal offence. On conviction you can be sentenced to up to 51 weeks in prison (or 6 months in Scotland/Northern Ireland), may be fined (unlimited amount in England, Wales and Scotland/Northern Ireland) or both.
Fail to return licence or badge after expiry or disqualification
Fine up to £1,000If a driver’s hackney‑carriage licence ends because their immigration leave ends or they become disqualified, they must give the licence, any copy and the driver’s badge back to Transport for London within 7 days. Failing to do so is a criminal offence. On summary conviction the offence can attract a fine of up to £1,000 (standard‑scale level 3) and a continuing‑offence fine of £10 for each day the breach continues.
Lease premises to a person disqualified by immigration status
5 years imprisonmentIf you let a residential property in England to an adult who is barred from renting because of their immigration status, and you know or should have known this, you commit a criminal offence. The same liability applies to letting agents who facilitate such a tenancy. On conviction you face up to five years’ imprisonment and an unlimited fine (or up to 12 months and a fine on summary conviction).
Reporting and filing 1
Supply nationality documents to the Secretary of State when requested
If your organisation is one of the bodies listed (e.g. police chief, local council, NHS trust, school proprietor, university governing body, registrar, etc.), you must provide any nationality documents the Secretary of State asks for under the Immigration Act. In practice this means responding to official requests and sending the required paperwork promptly.
Penalties for non-compliance
4 penalties under this legislation. 3 can result in imprisonment. 3 carry an unlimited fine.
Corporate offence where an officer consents, connives or neglects
Unlimited fine and/or 2 years imprisonment
Drive a vehicle while unlawfully present in the UK
Unlimited fine and/or 51 weeks (England & Wales) or 6 months (Scotland & Northern Ireland) imprisonment
Lease premises to a person disqualified by immigration status
Unlimited fine and/or 5 years imprisonment
Fail to return licence or badge after expiry or disqualification
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
111 classified provisions from this legislation.
Duties 11
- s.1 Director of Labour Market Enforcement
- s.4 Annual and other reports
- s.8 Information hub
- s.9 Restriction on exercising functions in relation to individual cases The Director
- Schedule 9 Duty to supply nationality documents to Secretary of State: persons to whom duty applies
- s.16 Duration
- s.32 Regulations under Chapter 1
- s.67 Unaccompanied refugee children: relocation and support
- s.77 English language requirements for public sector workers A public authority
- s.80 Duty to issue codes of practice But the relevant Minister
- s.90 Duty regarding the welfare of children
Offences and penalties 7
Powers 23
- s.2 Labour market enforcement strategy
- s.5 Publication of strategy and reports
- s.6 Information gateways
- s.11 Functions in relation to labour market
- Schedule 13 Penalties relating to airport control areas
- s.18 Power to make LME order on application
- s.20 Power to make LME order on conviction
- s.23 Variation and discharge
- s.25 Code of practice
- s.26 Investigative functions
- s.51 Search for nationality documents by detainee custody officers etc
- s.59 Guidance on detention of vulnerable persons
- s.69 Transfer of responsibility for relevant children
- s.70 Duty to provide information for the purposes of transfers of responsibility
- s.71 Request for transfer of responsibility for relevant children
- s.72 Scheme for transfer of responsibility for relevant children
- s.79 Power to expand meaning of person working for public authority
- s.86 Power to make passport fees regulations
- s.87 Passport fees regulations: supplemental
- s.88 Power to charge for passport validation services
- ... and 3 more powers
Definitions 15
- Schedule 1 Persons to whom Director etc may disclose information
- s.3 Non-compliance in the labour market etc : interpretation labour market enforcement functions labour market offence
- s.7 Information gateways: supplementary appropriate service chief HMRC information intelligence service
- s.12 PACE powers in England and Wales for labour abuse prevention officers labour abuse prevention officer labour market offence
- s.14 Power to request LME undertaking Trigger offence
- s.17 Further provision about giving notice under section 14 electronic address working day
- s.21 Measures in LME orders relevant enactment
- s.33 Interpretation of Chapter 1 financial year HMRC Commissioners the Director
- s.36 Licensing Act 2003: amendments relating to illegal working
- s.42 Extension to Wales, Scotland and Northern Ireland the residential tenancies provisions
- s.49 Duty to pass on items seized under section 48
- s.58 Interpretation of Part immigration officer
- s.73 Extension to Wales, Scotland and Northern Ireland
- s.78 Meaning of “public authority” public authority
- s.83 Interpretation of Part contract relevant Minister public authority