I beg to move Government amendment 11, in schedule 2, page 58, line 20, at end insert—
(a) the person is to be treated for the purposes of sub-paragraph (3) as if the person had been granted leave to enter the United Kingdom, but
(b) any condition as to the person’s work in the United Kingdom to which the person’s immigration bail is subject is to be treated for those purposes as a condition of leave.”
This amendment ensures that individuals on immigration bail who are granted permission to work in the United Kingdom are not considered illegal workers for the purposes of illegal working closure notices and compliance orders. The amendment reflects the approach to immigration bail taken elsewhere in the Bill – for example in new section 24B(8) of the Immigration Act 1971 as inserted by clause 8.
The Government amendment rectifies a technical omission in the drafting of paragraph (3) of schedule 2, which defines when illegal working takes place for the purposes of the new regime of closure notices and compliance orders. The change is necessary to ensure consistency between the definition of illegal working in schedule 2 and definitions used elsewhere, such as in the Immigration, Asylum and Nationality Act 2006, which provides for the civil penalty scheme and the offence of knowingly employing an illegal worker.
The definition also appears in the new illegal working offence in clause 8. Schedule 2 does not exclude persons who are granted immigration bail but are exceptionally permitted to work from the definition of an illegal worker. The vast majority of those on immigration bail will not be granted such permission, but that scenario may apply rarely in asylum cases in which the applicant has waited more than 12 months for a decision on their case and the delay is not attributable to them. Such persons may be permitted to engage in specified occupations in which there is a shortage of labour supply. The amendment will ensure that such persons do not constitute illegal workers for the purposes of the closure notice and compliance order scheme.