Hi, bit of a weird one not particularly connected to social security law.

1. Client brother is Bangladeshi national and in UK as an overstayer on visitor visa.

2. Client brother works here illegally.

3. Saves lots of money and puts in my client's account.

4. Gets caught by home office and deported.

5. HB find the money in my client's account and just before his fraud interview client withdraws all the money in cash.

6. Client then gives the money to various friends/relatives who travel with the various wads of cash to Bangladesh and give it to the brother.

HB obviously state the money belongs to client. Client says it was his brothers etc.... this is not the bit I am worried about.

Tribunal has directed us to provide a list of the people who carried the cash to Bangladesh. Ideally I would like them all to attend as witnesses to say this is what they did. However, I want to be absolutely sure that they have not been involved in any offence by carrying this cash - if I can clearly state to them that they have done nothing wrong it will be easier to persuade them to be witnesses for my client.

So my question is: is any offence committed by a person who carries money in cash from the UK to Bangladesh where the source of that money is wages paid to a person who worked here illegally?

All answers gratefully received. No prizes for correct answer.

Thanks.

Martin.

Hi Martin

I don’t know the answer but I’ll have a go.

A person here legally may, by working, breach the terms of his immigration status and thus be liable to deportation. The question seems to be, has he committed a criminal offence? I have not been able to find anything to say that he has. Sections 15-26 of the Immigration, Asylum and Nationality Act 2006 are concerned with employers and not employees and it is an offence under that act for employers to employ certain classes of immigrants.

The position of the employee is rather more obscure. If he has committed no offence to bring him before a court of law then it would be difficult to see how section 6 of the Proceeds of Crime Act 2002 can apply either. In private law he has a contractual relationship with an employer and has been remunerated for services rendered. It seems entirely equitable for him not to be deprived of that money. The fact that by working he is liable for deportation would seem to be a separate (though related) matter.

An illegal immigrant, of course, has no immigration status to breach. He just should not be here and his mere presence renders him liable to deportation. However, I would think that the same principles that apply to the legal immigrant would also apply to him with regard to work and remuneration and that the money would belong to him also.

The question you ask is slightly more tricky as there are questions involved regarding paying tax and taking money across borders etc, and these may involve criminal charges.

This is just a quick response and anyone may feel free to tell me that I am completely wrong. It is just an initial view of the matter, that’s all.

Regards
Paul

Hi Nevip-

in employment law if the employer side can show that aggrieved worker had no right to work due to immigration status then I think the contract of employment is void for illegality and the worker cannot take the employer to an ET to get any remedy whatsoever..... although that is me half remembering a conversation with an employment lawyer from ages ago. Not sure if it would have any bearing on your suggested argument that not fair to deprive him of the money etc....

I knew you would have a go on this one . Certainly better informed than me anyway - thanks.