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In the wake of the crisis in Calais in October of 2015, where hundreds of migrants broke through the fence and actually entered the Eurotunnel terminal, the government have been forced to take a long hard look at current legislation regarding immigration. Perhaps one of the most stand out proposed changes is the introduction of the new offence of ‘illegal working’. This new offence could see illegal workers facing a custodial sentence of up to six months as well as an unlimited fine and even the possibility of any wages earned being seized as proceeds of crime. It is hoped that the introduction of this new offence will address the current loophole for migrants that have entered the UK illegally and are therefore not subject to conditions of stay, as it will apply to both those that have entered illegally, and those that entered legally, but have overstayed.

“Making Britain a less attractive place to come and work illegally” – David Cameron

It’s not all about criminalising the workers though, businesses are being targeted too. The excuse of ‘we did not realise they were not allowed to work in the UK’ will no longer be tolerated with employers having to prove that all the prerequisite checks were indeed carried out. Another proposed incentive for employers to toe the line is that the maximum sentence for employers found guilty of employing illegal workers will rise from 2 years to 5.

Businesses that employ illegal workers will be hit with “the full force of government machinery”. – Minister James Brokenshire

Criminalising Foreign Workers

It is estimated that in the region of 300,000 people in Britain have overstayed their visas or whose whereabouts are unknown, but it is unknown how many of these people may be currently working. Take away restaurants and off licences may also find themselves losing their licences if they are found to be in breach of the new rules, with officials giving serious consideration to including mini cab drivers and operators. Banks will also be required to make much more stringent checks using databases of people in the UK illegally and no business will be allowed to recruit abroad without advertising in the UK.

“A strong country isn’t one that pulls up the drawbridge …” – David Cameron

It’s not about closing our borders, it’s about having control of them because with uncontrolled immigration there is no way to control the pressure on public services and the adverse effect on the labour market and wages. The proposed way of tackling this particular issue is a new labour enforcement agency that will specifically target the issue of worker exploitation, for example, workers that are paid minimum wage then housed in tied in accommodation with extortionate rates.

“Anyone who thinks the UK is a soft touch should be in no doubt – if you are here illegally, we will take action to stop you from working, renting a flat, opening a bank account or driving a car.” – Minister James Brokenshire

There are a lot of immigrants who are working the system by entering the UK legally, but staying and working illegally. Only by reforming out current immigration and labour market legislation will we be able to effectively reduce the demand for skilled migrant labour and crack down on those that exploit unskilled workers, therefore bringing immigration down into the tens of thousands, as is the government’s target.