The UK Home Office Immigration Enforcement will take in suspected illegal immigrants as reported to it on government websites, via the Crimestoppers anonymous reporting line, or the confidential hotline on 0300 123 7000. You can also stay anonymous when reporting, and it is beneficial to give as much factual information as you can, including the name of the individual, address, and why you believe he may be an illegal immigrant.
The legislation asks employers to conduct right-to-work checks in hiring and not to hire individuals without the necessary approvals. To keep within the law without facing fines, employers who identify an illegal employee should contemplate reporting these employees to immigration, administer dismissals in a just manner, and seek legal advice. In the case of verification, the individual may either be arrested or deported from the UK. Report only when there are good reasons to do so because giving false information may be punishable by law.
Why does reporting illegal immigration matter?
Reporting illegal immigration in the UK is significant by the virtue that it assists in restricting illegal workers from securing or sustaining employment and prevents the exploitation and unfair competition of legitimate employers, as well as workers. Also, reporting assists the government in regulating immigration, ensuring the integrity of the immigration system, and reducing criminal and exploitative actions related to illegal immigration. Finally, reporting is critical to the enforcement of immigration and fair labor standards in the UK.
Who can be reported as an illegal immigrant?
Individuals who can be reported as illegal immigrants in the UK generally include those who:
- Entered the UK without authorization or valid permission.
- Entered with false documents.
- Breached any conditions of their leave to remain.
Such individuals are considered to be without a valid immigration status and are subject to detention or removal processes under UK immigration law. The term illegal immigrant is used widely to refer to people in the UK without permission to be in the UK or who have broken the conditions of their stay.
The right to work under the law of employers
In the UK, it is the duty of employers to conduct a Right to Work check on all their potential employees before the commencement of employment in order to determine whether they legally have a right to work in the country. This is a requirement irrespective of the nature and size of the business.
There are three main types of Right to Work checks:
- Manual check, where employers inspect original documents proving the employee’s right to work.
- Digital check, using the Home Office’s verification system (for British and Irish citizens with valid passports).
- Online check, where employers confirm the immigration of the employee by using a share code and date of birth through the online service of the Home Office.
- These checks should be well-documented by the employer as evidence of compliance.
- A penalty that could be caused by failure to do such checks may include:
- Civil penalties of up to £45,000 (and above per illegal worker)
- Criminal charges with possible imprisonment,
- Revocation or suspension of sponsorship licenses for businesses employing sponsored workers,
- Damage to business reputation and operations.
Where a limitation exists on the duration of the right to work of a worker, it is recommended that follow-up checks should be made by an employer; where a statutory excuse against penalties is necessary, the Employer Checking Service should be used and all checks must be conducted in line with Home Office guidance. Overall, these checks protect businesses against employing illegal immigrants and protect the integrity of the UK immigration system.
Official channels to report illegal immigrants in the UK
Reporting the presence of illegal immigrants in the UK in official channels is achievable by:
- Immigration Enforcement Hotline: Telephone: 0300 123 7000 and report suspected illegal immigrants, illegal working, or smuggling activities anonymously. No real name is needed, and no information will ever be disclosed.
- Crimestoppers: This is an independent charity that offers anonymous reporting of crime, including immigration offences. Reports can be made online or by phone on 0800 555 111 on their site.
- Anti-Terrorist Hotline: 0800 789 321 is a call centre where people can report on matters relating to terrorism or border security, including crimes related to immigration.
- Online Reporting: The government has several websites where individuals can report any immigration crimes or fraud without identifying themselves.
How to Make an Effective Report: What Information to Provide?
To write a successful report on the situation involving an illegal immigrant in the UK, you need to include:
- The place or city in which the individual lives or lives.
- Data on how they came to the country where unknown.
- Employment facts or information, or any other facts or information that substantiate your suspicion.
- Other information, such as passport numbers or access to vehicles implicated in any illegal act, as appropriate.
One should only give out information that one is reasonably sure about to avoid false reporting.
What happens after you report someone?
Once you report a person as an illegal immigrant in the UK, the authorities will evaluate the information you have received and act accordingly should the report be confirmed. This can involve looking into the immigration status of the individual and whether any immigration enforcement is necessary. The authorities will establish whether the person is illegally in the UK; thus, the individual may be detained, removed (deported), or prosecuted according to their condition. The person can also be granted the chance to regularize their position, given that it is possible according to immigration regulations.
Reporting may be anonymous and confidential to protect the reporter. When employers report the existence of illegal workers, any action taken against an illegal worker, e.g., firing an illegal worker, ought to be done fairly and lawfully to avoid discrimination lawsuits. In those cases, legal advice is recommended.
Anonymity and confidentiality in reporting
The key elements of reporting illegal immigration in the UK are anonymity and confidentiality. When a report is sent through the official mechanism (certainly if it is through the Home Office Immigration Enforcement hotline, or Crimestoppers, etc.), there is often the possibility of remaining anonymous.
Your reporting to the Home Office or any other department is absolutely confidential to the government, and it will do all that is possible to conceal the identity of those who are involved in immigration. Confidentiality becomes even more essential in asylum claims, as revealing the identity of the claimant or any information he or she knows may result in danger or persecution. In addition, the tribunal and courts that deal with immigration matters tend to obscure all the names of parties involved in protection processes or asylum cases to protect appellants against dangerous situations.
Consequences of providing false information
Reporting illegal immigration with false information or filling immigration related applications with false information in the UK is a serious matter. In the event of clear fraud or false statements, it can result in:
- An exclusion may be imposed on entry or re-entry to the UK for a maximum of 10 years.
- Malicious criminal prosecution and imposition of fines or imprisonment, depending on the offense.
- Revocation of existing leave to remain or visas, which leads to removals or deportations.
- A hard time getting a visa or other immigration benefits in the future because of a negative immigration history.
- Criminalization of the submission of false documents with the knowledge or the refusal to provide the necessary information.
Although the individual may be uninformed that incorrect information may have been filed on his behalf, the government can reject applications on grounds of inappropriateness.
Tips for employers on reporting illegal workers
The following are some of the important guidelines that employers should follow when reporting illegal workers in the UK:
- Carry out Reasonable Right to Work Checks: Before employment, it is always advisable to verify original and valid documents that prove the right of the employee to work in the UK. Where the documents are ambiguous and where the worker has a permission that is limited by time, use the Employer Checking Service of the Home Office.
- This aids in the establishment of a statutory defense against punishment if an undocumented worker has been discovered subsequently.
- Take immediate action when it is evident that the worker is unlawfully employed: When you know that you have hired an employee who legally has no right to work in the UK, then act without delay to end the employment relationship in a fair and justifiable setting to avoid allegations of discrimination.
Train HR and Recruitment Teams: You must ensure that personnel in staff hiring are properly informed of right-to-work legal requirements and compliance procedures.
Check Internal Policies: Have a set of policies and common audits to screen and identify illegal working in your organisation.
Seeking legal advice and additional support
Legal advice and other assistance should be sought when addressing the problem of immigration, such as reporting illegal immigrants or facing employer liability.
The specialised UK immigration lawyers and solicitors can be consulted by employers and individuals to offer expert advice on visa applications, right to work, appeals, refusals, and enforcement issues. A great number of law firms provide their services either physically throughout the UK (London, Birmingham, Manchester, etc.) or remotely through online applications. They also make sure that their clients receive personalised guidance at every phase of immigration.
