A system of civil and criminal penalties for employers who hire illegal Workers exists for employment commencing from 29 February 2008 under the Immigration, Asylum and Nationality Act 2006 (IANA 2006).

A person is an illegal worker if they are a person aged 16 or over who requires leave to enter or remain under the Immigration Act 1971, and:

1. •

   they have not been granted leave to enter or remain in the UK, or

2. •

   their leave to enter or remain is not valid or has ceased to have effect for any reason, or

3. •

   their leave to enter or remain is subject to a condition precluding them from taking up employment

For the purposes of illegal working legislation, employment is considered to be any employment relationship that is under a contract of service or apprenticeship, whether expressed or implied and whether oral or written.

Broadly speaking, from 1 July 2021, EEA citizens and their family members require immigration status in the UK in the same way as other overseas nationals and can no longer rely