Clandestine Entrants
If your business operates commercial vehicles that enter the UK, the expert solicitors at JMW are here to advise you of your responsibilities regarding clandestine entrants. We can provide the guidance you need and give you the peace of mind that you are doing everything correctly and meeting all legal requirements.
Find out more about how the expert team at JMW can help you today by calling 0345 872 6666 or by completing our online enquiry form, which will enable us to give you a call back at a convenient time.
How JMW Can Help
All operators of commercial vehicles entering the UK must have an effective system in place for preventing the carriage of clandestine entrants in or on their vehicles to the UK. Operators are also responsible for ensuring all reasonable measures have been taken in the proper operation of that system.
Our road transport solicitors can provide you and your business with assistance and advice in relation to the following:
- Implementing an effective system for the prevention of the carriage of clandestine entrants
- Implementing a comprehensive written policy in relation to the prevention of the carriage of clandestine entrants
- Preparing responses to pre-decision letters from the UK Border Agency
- Preparing objections to the level of any civil penalties imposed and the driver’s, driver’s employer’s and owner/hirer of the vehicle’s liability to any civil penalties imposed
- Appealing to the County Court against the level of any civil penalties imposed and the driver’s, driver’s employer’s and owner/hirer of the vehicle’s liability to any civil penalties imposed
- Appealing to the County Court against the UK Border Agency’s decision following an unsatisfactory outcome to an objection to the level of any civil penalties imposed and the driver’s, driver’s employer’s and owner/hirer of the vehicle’s liability to any civil penalties imposed
- Preparing applications for the UK Border Agency’s accreditation scheme
We will make sure that what may seem a complex issue is made as straightforward as possible, giving you the peace of mind that you are doing everything correctly and as efficiently as possible.
However, if you are facing action by the UK Border Force, we are here to help. We will work closely with you to make sure you fully understand your rights and requirements and will provide you with expert guidance throughout.
What is a Clandestine Entrant?
A ‘clandestine entrant’ is classified as someone who attempts to pass or passes immigration control, or intends to seek asylum in the UK, while concealed in an aircraft, ship or vehicle.
FAQs About Clandestine Entrants
What are the penalties for clandestine entrants?
The UK Border Force can impose penalties of up to £10,000 per clandestine entrant found on the vehicle of the person who is deemed responsible for carrying the clandestine entrant. If entrants are found in your vehicle, the UK Border Force may pursue you for each entrant discovered.
If you are the operator of HGV vehicles, and clandestine entrants are found on a vehicle specified on your licence, you will need to show that you had policies and procedures in place to address this risk.
Where an operator is fined multiple times, either on several separate occasions, or through a large number of clandestine entrants being discovered hidden in one load, the Traffic Commissioner may call that operator to a hearing to discuss their security processes and procedures.
How should operators check for clandestine entrants?
Operators should ensure that vehicles are checked en route to the UK (usually by the driver following a set procedure) and checked following final loading. Those same operators should maintain accurate documentation detailing the checks made.
Suspicion of unauthorised entry should be reported to the local police or border agencies.
What is the Immigration and Asylum Act 1999?
The Immigration and Asylum Act 1999 requires operators to have an effective system in place for preventing the carriage of clandestine entrants. This also includes ensuring the system is operating properly. Failure to comply may result in the driver, the driver’s employer and/or the owner/hirer of the vehicle being penalised by the UK Border Agency.
Section 32(2) and (5) of the Act read together say that where a penalty is imposed upon the driver of a vehicle who is an employee of the vehicle’s owner or hirer, the driver and the driver’s employer shall be jointly and severally liable for the penalty imposed upon the driver. This means that both the driver and the driver’s employer are responsible for the payment of any penalty imposed upon the driver.
It is crucial that operators have an effective system in place for preventing the carriage of clandestine entrants and that this system is properly documented so that should clandestine entrants be found concealed inside an operator’s vehicles, the operator would be able to demonstrate that to the UK Border Agency.
Talk to Us
Contact us today for expert advice for you and your business regarding clandestine entrants. Simply call us on 0345 872 6666 or complete our online enquiry form and we will call you back at a convenient time.
