Immigration Bill at Report Stage 9 March 2016

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The current version of the Immigration Bill is here – please write to your MP and any Lords you know – see below

 http://www.publications.parliament.uk/pa/bills/lbill/2015-2016/0096/lbill_2015-20160096_en_1.htm

It is currently going through the House of Lords. Here are some of the sections that criminalise people who are without status here,  and makes vulnerable those who could be caught renting rooms to them or employing them:

32.Offence of illegal working:

(1)A person who is subject to immigration control commits an offence if
the person works at a time when—

(a)the person has not been granted leave to enter or remain in the United Kingdom, or

(b)10the person’s leave to enter or remain in the United Kingdom—

(i)is invalid,

(ii)has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

(iii)15is subject to a condition preventing the person from doing work of that kind.

(2)A person who is guilty of an offence under subsection (1) is liable on
summary conviction—

(a)in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both,

(b)in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.

33.Offence of employing illegal worker

After subsection (1) insert—

“(1A)A person commits an offence if the person—

(a)employs another person (“the employee”) who is disqualified from employment by reason of the employee’s immigration status, and

(b)has reasonable cause to believe that the employee is disqualified from employment by reason of the employee’s immigration status.

In subsection (2)(a)(i) (maximum term of imprisonment for conviction of offence on indictment) for “two” substitute “five”.

33AOffences: landlords

(1)The landlord under a residential tenancy agreement which relates to premises in England commits an offence if the first and second conditions are met.

(2)The first condition is that the premises are occupied by an adult who is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

(3)The second condition is that the landlord knows or has reasonable cause to believe that the premises are occupied by an adult who is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

Offences: penalties etc

(1)A person who is guilty of an offence under section 33A or 33B is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both.

41: Entry of premises to search for driving licence

25CA(1)An authorised officer may exercise the powers in this section if the
officer has reasonable grounds for believing that a person—

(a)5is in possession of a driving licence, and

(b)is not lawfully resident in the United Kingdom.

(2)The authorised officer may enter and search any premises—

(a)occupied or controlled by the person, or

(b)in which the person was when the person was encountered by the officer, for the driving licence.

Driving when unlawfully in the United Kingdom

(1)A person commits an offence if the person drives a motor vehicle on a road or other public place at a time when the person is not lawfully resident in the United Kingdom.

(2)A person who is guilty of an offence under subsection (1) is liable on summary conviction—

(a)in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

Detention of motor vehicles

(1)If a person (“P”) has been arrested for an offence under section 24C committed in England and Wales or Northern Ireland, a senior officer or a constable may detain a relevant vehicle.

Bank accounts

(1)10Schedule 6 (bank accounts) has effect.

(2)Before the end of the period mentioned in subsection (3), the Secretary of State must—

(a)review the operation of sections 40A to 40G of the Immigration Act 2014 (inserted by Schedule 6),

(b)15prepare a report of the review, and

(c)lay a copy of the report before Parliament.

(3)The period referred to in subsection (2) is the period of 5 years beginning with the day on which Schedule 6 comes fully into force.

The Report Stage of the Immigration Bill is 9 March 2016. There are a number of amendments which will be put down then – please write to someone in the House of Lords about the 28 day amendment.  The amendments suggested are in these three webpages here:

We are particularly keen on this amendment:

Schedule 9

LORD ROBERTS OF LLANDUDNO

Page 147, line 26, at end insert—

“( )     The Secretary of State must grant bail to any person detained under a provision mentioned in sub-paragraph (1) no later than the twenty- eighth day following that on which the person was detained.”