UK Immigration White Paper series– Part 10: Enforcement Reforms

Uk Immigration White Paper series– part 10: enforcement reforms

Throughout this series, we have examined the UK Government’s White Paper, Restoring Control Over the Immigration System, which introduces significant changes and reforms to the UK's immigration system. While a White Paper is not legislation, it provides insight into the Government’s proposals for future legislation.

To conclude the series, we turn to the proposals relating to immigration enforcement, specifically the reference to a “tightening up [of] the rules” to more easily “refuse entry or asylum to those individuals who break the rules or break our laws”.

Enforcement Reforms: At a Glance

The White Paper concludes with a commitment to “restoring order to the immigration rules” against misuse or abuse. While the Government acknowledges that the majority of net migration is legal, it aims to take firmer action against those who breach the law. They propose the following action:

1. “Tightening up the rules we apply both at the border, and within our immigration system, to make it easier to refuse entry or asylum to those individuals who break the rules or break our laws.
2. Ensuring that where people do break the rules or break our laws, there are stronger powers and proper enforcement in place to track them down, arrest them, and remove them from our country.”

In support of these measures, the Government proposes to simplify the processes used to target and deport foreign nationals, even in cases where legal or diplomatic challenges exist. The newly implemented eVisa system will be used to encourage compliance, and there are plans to work with HMRC and HM Treasury to take enforcement action against individuals who have failed to meet tax obligations.

These proposals align with the broader context of the Government’s stated aim to reduce net migration (both legal and illegal) and follow legislative developments such as the Border Security, Asylum and Immigration Bill and other counter-terrorism initiatives. However, the precise implementation of these enforcement reforms remains undefined. The following section explores the potential implications.

Analysis of the Proposals

Impact on Individuals

At present, it is unclear how these measures will be integrated into the existing immigration enforcement framework. It is likely that the Home Office’s enforcement teams will receive additional funding and increased personnel on the ground. According to the Home Office, the current Government has already removed nearly 19,000 foreign nationals - a figure attributed to the redeployment of 1,000 staff within the immigration enforcement unit. This represents the highest rate of removals since 2018.

Under Section 32 of the UK Borders Act 2007, automatic deportation applies to foreign nationals convicted of criminal offences resulting in custodial sentences of at least 12 months. In light of new enforcement powers being introduced through the Border Security, Asylum and Immigration Bill, this threshold may be reduced or amended. Additional powers may also be granted to stop and detain foreign nationals within the UK.

Given these developments, it is essential that individuals ensure they hold valid leave to remain in the UK. Failure to do so could result in a deportation order, leading to removal and a future ban on re-entry. The Government has stated that the introduction of the eVisa system will improve individuals’ access to their immigration status. However, given the challenges experienced with the implementation of the EU Settlement Scheme (“EUSS”), technical difficulties with the eVisa system cannot be ruled out.

Impact on Businesses

The White Paper also addresses enforcement in relation to illegal working. Under Section 15 of the Immigration, Asylum and Nationality Act 2006, it is an offence to employ a person subject to immigration control who does not have valid leave to remain. Employers found to be in breach of this requirement may face a civil penalty, unless they can establish a statutory excuse by having conducted the correct right-to-work checks.

The current maximum penalty is £60,000 per illegal worker. The Home Office retains the authority to conduct unannounced audits on businesses to ensure compliance with employment verification processes. Failure to complete a compliant right-to-work check leaves employers vulnerable to significant penalties.

The White Paper has confirmed that “any employer who facilities illegal working, undermining legitimate businesses and denying employment to British citizens and others who do have the right to be here and work, faces immediate penalties for doing so”. The language used reflects the Government’s increasingly hard-line approach. Employers should take this as a serious warning, particularly given the financial risks involved. The impact on small and medium-sized businesses could be substantial.

Between July 2024 and 31 January 2025, illegal working enforcement visits increased by approximately 38%, and the White Paper seems to indicate a further increase. Those most at risk appear to be those within the adult care sector and hospitality. Businesses must be aware of these tightening of enforcement measures to ensure they are not devastated by expensive Civil Penalties.

Final Thoughts

Given the wider context of the White Paper and the Government’s increasingly restrictive stance on immigration, these proposed enforcement reforms are not unexpected. Nevertheless, both individuals and businesses must be proactive in preparing for potential changes.

Individuals should ensure that their eVisas are properly set up and that all personal information is accurate and up to date. Businesses, meanwhile, should review their human resources and compliance procedures. Conducting a mock audit, either internally or through legal representatives, can help to identify any shortcomings and put corrective measures in place before an official inspection occurs.

How We Can Help

If you have any questions stemming from this article or the white paper in general, do not hesitate to contact Mandeep Khroud at Irwin Mitchell.

Further Insights About The White Paper

Irwin Mitchell's Immigration team is producing a series of articles which examine key proposals within the White Paper. All these can be accessed via the following link.