Civil Penalty Appeal
How do I Challenge an Illegal Working Civil Penalty Fine?
The UK’s Leading Experts.
Our Data* Indicates that 80% of Immigration Raids are Conducted Unlawfully
Fines Cancelled or Reduced by Us: £3million+
“Very highly recommended. Extremely knowledgeable and making sure UK businesses have access to justice.”
— Miss M. (Small Business Owner, Bristol)
What is an Illegal Working Civil Penalty?
An illegal working civil penalty is a fine served upon a business for the employment of an illegal worker.
The employment of an individual with no right to work in the UK is not a criminal offence but is dealt with by way of a civil penalty.
The maximum civil penalty that can be imposed on a business for employing an illegal worker is £20,000 per employee.
Who Can Challenge a Civil Penalty?
As the liable party You can choose to challenge the penalty yourself;
You could choose to instruct a Solicitor, Accountant or Immigration Adviser;
You could instruct an Expert Paralegal at Immigration Compliance.
Why instruct us?
We Understand: The enforcement and civil penalty process can be both daunting and lonely. We have witnessed the overwhelming despair of business owners following an immigration raid and the service of disproportionately high civil penalties with little or no explanation or support.
Expertise: We offer an unrivalled and extensive investigation into the immigration enforcement raid and civil penalty case and can support your business through the entire penalty regime.
Attention to Detail: With our team of ex Home Office executives and investigators we are able to identify less well known prospects to enable objections or appeals against your civil penalty.
Value for Money: With reputable law firms and accountants charging upwards of £6,000 per case, we offer excellent value for money without any compromise in quality and knowledge.
Our Results: Each case must be evaluated on its own merits. Our understanding of different sectors and how to present your case to the Home Office makes us unique and effective. The proof is in our success!
When can I Challenge an Immigration Civil Penalty?
Within the civil penalty regime there are 3 main opportunities to make representations to the Home Office.
1. The first is your ‘Information Return’. This must be completed and returned within the deadline to qualify for a reduction in your fine.
2. The second opportunity is when making an ‘objection’ against the civil penalty. If you are served with a penalty you will be given 28 days within which you may object against the imposed fine.
3. Your third and final opportunity is to ‘appeal’ the penalty. An appeal can be made to the County Court and must be made within 28 days of your objection outcome notice.
What are the Possible Objections to an Immigration Civil Penalty Fine?
Section 16 of the Immigration, Asylum & Nationality Act 2006 affords the liable party an objection. This section applies where an employer to whom a penalty notice is given objects on the ground that—
(a) he/she is not liable to the imposition of a penalty;
This could be on the grounds that you are not the employer of any named individual(s) or that the Home Office has obtained evidence unfairly or in excess of its statutory powers.
(b) he/she is excused payment by virtue of section 15(3);
This is known as a ‘statutory excuse’. An objection based on these grounds would ideally evidence your adherence to the prescribed ‘right to work checks’ found within the Illegal working penalties: codes of practice for employers, 2019.
(c) the amount of the penalty is too high.
If you believe that the imposed fine is too high your objection may take into consideration the mitigating factors, for which a reduction is awarded, outlined within the Illegal working penalties: codes of practice for employers, 2019
Our Data* Indicates that 80% of Immigration Raids are Conducted Unlawfully.
Our specialist investigative skills can identify immigration raids which have been conducted unlawfully.
This information, with our expert representation, can often lead to the penalty being withdrawn or cancelled.
“If you have been raided by immigration and served a hefty civil penalty fine, I strongly recommend you get in touch with Immigration Compliance for their expert support to help you fight your case.”
— Mr K. (Restaurant Manager, London)