Successful Cases

SUBSTANTIAL £80,000 CIVIL PENALTY CANCELLED FOR RESTAURANT AND HOME OFFICE GUIDANCE CHANGED

October 2024

A very well renowned restaurant based in Somerset was raided by immigration officers in March 2024. Three people were accused of working on the premises in breach of immigration law. The restaurant provided a statement to the Home Office advising that one of the individuals was not working and that another two individuals were working in line with the Governments updated ‘supplementary employment’ rules. The business owner had conducted due diligence and relied upon the fact that Skilled Worker visa holders are now able to engage in an additional 20 hours per week of supplementary employment in addition to their sponsored work.

The Home Office challenged this, insisting that the change in supplementary employment rules only benefited those skilled workers sponsored after the Immigration Rules were amended on the 4th April 2024. This interpretation was robustly opposed by our team at the objection stage but the Home Office maintained their position.

With support from counsel, the matter was referred by way of an appeal to the County Court. This caused a significant amount of concern for the business owner but he felt strongly that he had not contravened any UK laws, and our team were on hand to offer expert support and guide him through the process.

Due to the significance of the case we advised the business owner to seek support from his local Member of Parliament (MP), who diligently supported our challenge of injustice in this case.

Before the case reached the court room the Home Office considered that they had made an error in interpreting the change in the rules and accordingly cancelled the £80,000 fine in full. The Home Office also wrote a letter informing that the case worker guidance had now been updated to illustrate that the supplementary employment rules “should be considered as applying to anyone with existing Skilled Worker permission, regardless of their grant date”.

£20,000 RIGHT TO RENT PENALTY IMPOSED ON LANDLORD CANCELLED

September 2024

A Landlord was served with a £20,000 civil penalty for illegal renting in August 2024. The case was challenged by Immigration Compliance and was accordingly cancelled by the Home Office.

RESTAURANT SERVED WITH £40,000 - CHALLENGED AND CANCELLED

August 2024

A restaurant business located on the Isle Of Wight was served with a £40,000 illegal working civil penalty in July 2024. The case was challenged by Immigration Compliance and was accordingly cancelled by the Home Office.

SIGNIFICANT £80,000 FINE IMPOSED ON FISHING VESSEL OWNER - CANCELLED

June 2024

A fishing vessel owner was served a £80,000 illegal working civil penalty in early 2024. The case was challenged by Immigration Compliance and was accordingly cancelled by the Home Office.

BARBERS SHOP HAS £10,000 CIVIL PENALTY CANCELLED

March 2024

A barbers shop was served a £10,000 illegal working civil penalty in January 2024. The case was challenged by Immigration Compliance and was accordingly cancelled by the Home Office.

£10,000 CIVIL PENALTY CANCELLED FOR LOCAL FISH BAR

March 2024

A small fish and chip takeaway was served an illegal working civil penalty in November 2023. The case was challenged by Immigration Compliance and was accordingly cancelled by the Home Office.

CHINESE TAKEAWAY £40,000 CIVIL PENALTY CANCELLED

February 2024

A Wiltshire based Chinese takeaway was raided by police officers in November 2023 and subjected to a potential £40,000 fine for the employment of four individuals found upon the premises. The business owner confirmed that he was not the employer of any of the named individuals and that they do not know any details relating to their employment status with any other employer.

We investigated the entire enforcement process and identified that the police officers had no legal basis to have entered the premises. The resultant investigation and arrests were unlawful and this was challenged in the early stages of the civil penalty process.

Our deep understanding of enforcement legislation, the fact that the business did not employ the individuals and the unlawful conduct of the police offices resulted in a swift and favourable decision for the business.

BEDFORDSHIRE BASED TURKISH RESTAURANT HAS £10,000 FINE CANCELLED

November 2023

A Bedfordshire based restaurant raided in July 2023 was subjected to a £10,000 fine for the employment of an illegal worker. The immigration officers used a search warrant to enter the premises but did not conduct themselves in a lawful manner. The Home Office also incorrectly identified the liable party.

We investigated the entire enforcement process and the evidence provided by the employer. It was clear that the arrested individual was living upon the premises but was not employed by the business but this was initially rejected by the Home Office. We supported the business to challenge the imposed penalty through the objection process and by further submissions outside of the statutory process.

This penalty was accordingly cancelled.

WESTON-SUPER-MARE RESTAURANT HAS £10,000 FINE CANCELLED

November 2023

An Indian restaurant based in Weston-Super-Mare was raided by immigration officers in July 2023. The raid resulted in the imposition of a £10,000 penalty for illegal working and Immigration Enforcement also imposed a Closure Order and Compliance Order on the business.

Our investigation discovered a number of procedural improprieties and provided evidence to object against the penalty given that the individual named upon the civil penalty was not employed. The business was in a strong position to argue that the Closure Order and Compliance Order were unlawfully imposed but felt that the order did not restrict the business and were comfortable for this to remain in place.

Due to our in-depth knowledge of the entire enforcement process and our additional investigations we were able to conclude this case with no penalty being imposed upon the employer and provide effective advice to the business owner regarding the legal implications of the court orders imposed.

INDIAN RESTAURANT £30,000 PENALTY CANCELLED

October 2023

A very well renowned and established Indian restaurant based to the north of Bristol was served with a civil penalty referral notice which would have resulted in a potential £30,000 fine. The immigration raid took place in August 2023 with the Home Office suggesting that 3 individuals were found to have been working in breach of their immigration status. The business argued that the individuals were not employed.

We were able to effectively support the restaurant to make representations to the Home Office and we were able to ensure the case was cancelled in the very early stages of the civil penalty process.

CIVIL PENALTY CASE CANCELLED

February 2023

A Kent based business was served with a referral notice and a potential fine amounting to £10,000 following an immigration enforcement operation in January 2023. The organisation was not the employer of the individual encountered by the enforcement officers and representations were made to highlight this to the Home Office.

We were able to effectively support the construction firm with relevant and precise legal information and representations refuting the Home Office allegations. Within a matter of days the case was cancelled by the Home Office.

£60,000 CIVIL PENALTY CANCELLED

March 2020

An Indian restaurant located in the South West was subjected to an immigration raid in January 2020.

The business was raided by officers exercising their powers under section 28CA of the Immigration Act (also known as an Assistant Directors Letter). During the search, 3 individuals were found and officers alleged that they were employed upon the premises. A £60,000 civil penalty notice was served on the alleged employer.

We conducted an in-depth investigation and identified that the authorities appeared to have abused their powers of entry and had acted contrary to the Equality Act 2010. We were also able to demonstrate that our client was not the liable party.

The illegal working civil penalty was cancelled.

£15,000 CIVIL PENALTY CANCELLED UNLAWFUL SEARCH AND INCORRECT LIABLE PARTY

February 2020

An Indian restaurant located in the Midlands was subjected to an Immigration Enforcement raid in May 2019. The business was raided by officers exercising their powers under section 179 of the Licensing Act 2003. During the search an individual was alleged to be working illegally and a £15,000 civil penalty notice was served on the alleged employer.

The business owner instructed Immigration Compliance to support the business through the civil penalty process. We conducted an in-depth investigation and identified that the business premises did not hold a license for the sale of alcohol, and as such it was alleged that officers had acted outside of their statutory powers. The alleged employer also maintained that he was not the liable party in this matter.

The illegal working civil penalty was cancelled.

CONSTRUCTION FIRM HAS £10,000 ILLEGAL WORKING CIVIL PENALTY DROPPED AT APPEAL

December 2019

A Berkshire based business was served with a civil penalty fine amounting to £10,000 following an immigration enforcement operation. The firm were not responsible for employing the individual encountered by the enforcement officers and robust representations were made against the service of the penalty.

We objected to the fine based on the fact that the individual was believed to have been engaged by a sub-contractor. The Home Office refused to cancel the penalty and gave the firm no option other than to appeal the case at the County Court.

We were able to effectively support the construction firm with relevant and precise legal information and a comprehensive investigative report to refute the Home Office allegations. Within a matter of weeks the Government Legal Department made a settlement proposal on the agreement that the appeal be dismissed. The offer was accepted and the penalty accordingly cancelled.

A £30,000 ILLEGAL WORKING CIVIL PENALTY DROPPED AT APPEAL

December 2019

Following a, disruptive, construction site enforcement operation this construction firm was served with a potential civil penalty fine amounting to £30,000. However, the firm was not responsible for employing the individuals encountered by the enforcement officers and robust representations were made.

The individuals named upon the civil penalty could not be identified by the business and several requests for information were made to the Home Office, however, they refused to disclose the requested information.

With our meticulous and resolute investigative support the Home Office reduced the penalty to £10,000, refusing to cancel the penalty completely.

Furnished with the legal facts and our comprehensive report, the construction firm submitted an appeal to the County Court. Within weeks the Government Legal Department made a settlement proposal on the agreement that the appeal be dismissed. The offer was accepted and the penalty accordingly cancelled.

UNLAWFUL SEARCH AND DISCRIMINATORY BEHAVIOUR £20,000 CIVIL PENALTY CANCELLED

September 2019

A Somerset based Indian restaurant was subjected to an Immigration Enforcement raid in May 2019.

Following the enforcement raid the business was served with a potential £20,000 penalty.

The business owner instructed Immigration Compliance Consultancy to investigate the case and support the business through the civil penalty process.

An in-depth investigation identified that officers had acted outside of their statutory powers and presented discriminatory behaviour contrary to the Civil Service Code and the Equality Act 2010. A report outlining the investigative findings was submitted to the Home Office.

The illegal working civil penalty was subsequently cancelled. This has resulted in the business having no penalty to pay and no future action being taken in relation to the case.

£180,000 CIVIL PENALTY CANCELLED FOR CONSTRUCTION COMPANY

August 2019

This South-East based construction company was facing a County Court appeal in relation to a disputed illegal working civil penalty. The firm was initially served with a referral notice for 9 suspected illegal workers, totalling a fine of £180,000.

Our Investigation established that the Home Office had withheld relevant information preventing the construction company from presenting their case. Once the full facts of the case had been established we submitted a report to the Home Office whereupon the case was justly cancelled.

Without our expert investigation the company would have faced a costly and unnecessary County Court appeal.

POTENTIAL £20,000 PENALTY CASE DROPPED BY THE HOME OFFICE

July 2019

A successful Indian restaurant based in South East England was subjected to an Immigration Enforcement raid in February 2019.

During the raid a male was arrested and was suspected of working illegally. Consequently, the business was served with a potential £20,000 civil penalty.

The business owner instructed the experts at Immigration Compliance to investigate the case and support the business through the illegal working civil penalty process.

We conducted an in-depth investigation and were able to gain relevant documentation relating to the operation. Our investigation identified that officers had acted in excess of their statutory powers. A report outlining the investigative findings was submitted to the Home Office.

The illegal working civil penalty was cancelled.