201808.04
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Immigration Act

The entry into force on 12th July 2016 of the offence of illegal working ( inserted by section 34 of the Immigration Act 2016), and the widened offence of employing an illegal worker ( inserted by section 35), makes it a criminal offence for those who employ a person that they know or have reasonable cause to believe is disqualified from employment .

The Home Office have issued an updated Employers’ Guide to Right to Work Checks which does not make it clear that employers risk liability for the widened criminal offence as aforesaid, alongside the staff member with delegated responsibility for conducting right to work checks, as an organisation is treated as having reasonable cause to believe a person is disqualified from employment if the person with responsibility for conducting the checks had reasonable cause to believe this to be the case , under section 22 ( 1 A) of the Immigration, Asylum and nationality Act 2006 inserted by section 35 ( 6) of the 2016 Act.

A new Chapter 55a of the of the Enforcement Instructions and Guidance on the detention of pregnant women provides guidance on the limitations on the detention of pregnant women under section 60 of the Immigration Act 2016 in force from 12th July 2016.

The Government has indicated its intention to bring part 7 of the Act into force in October 2016. Public authorities will be required to make sure that their staff speak fluent English to enable them to perform the effective roles required of them.

Dr Bernard Andonian