The Clandestine Entrant Civil Penalty Scheme imposes a responsibility on owners, drivers, hirers, and operators to secure their vehicles to prevent unauthorised access by clandestine entrants.

Clandestine entrants are those who seek to enter the UK while concealed in a vehicle to evade border controls.

Civil penalties can be imposed on those who knowingly or unknowingly transport clandestine entrants and may also be imposed on tourists.

Companies, as employers, may also be jointly and severally liable for fines imposed on their drivers.

A separate civil penalty for goods vehicles may also be imposed if vehicles are not adequately secured, even if no clandestine entrants are found.

The Home Office and Border Force have published a leaflet on preventing clandestine entrants and guidance on securing a vehicle. A checklist that drivers of goods vehicles can use to records checks made is also available.

More information on the Scheme can be found here.

When and how might a civil penalty be imposed?

If stopped by Border Force, a driver may be interviewed about their journey, the checks made to secure their vehicle, and any records of those checks. The information provided will be used by Border Force to decide who will be fined and the amount of the fine.

If fined, a specified form showing the amount of the fine will be sent by Border Force. This is usually payable within 60 days of the form’s issue date, subject to any objections and appeals.

What is the civil penalty amount?

There are different civil penalty amounts for failing to secure a goods vehicle and for carrying clandestine entrants. Vehicle owners, drivers, hirers, and operators can be fined:

Up to £6,000 for failing to adequately secure a goods vehicle (even where no clandestine entrant is found); and
Up to £10,000 for each clandestine entrant found in the vehicle.

However, reductions may apply depending on the circumstances.

Are there any possible reductions and discounts?

The final penalty amount imposed will be determined based on whether the responsible individual(s) and/or company qualifies for reductions and/or discounts in the penalty amount taking into account their circumstances.

The maximum level of penalty used as the starting point in determining liability will also differ depending on whether the responsible parties have any past record of liability.

Discounts may also be applied based on:

Whether the responsible parties are members of the Civil Penalty Accreditation Scheme.
Whether the responsible person present during the vehicle’s journey to the UK complied with the Carriers’ Liability Regulations 2002.
Whether the responsible person who is not the driver and was not present during the vehicle’s journey to the UK acted to ensure compliance with the Carriers’ Liability Regulations 2002.

Further reductions may also apply based on the financial circumstances of the responsible parties. However, this is reduction is only available for civil penalties imposed for carrying clandestine entrants.

For example, where companies are issued with a penalty for carrying clandestine entrants, means testing will be available for small and medium sized enterprises. The following reductions may be applied:

For micro businesses – 75% reduction
For small businesses – 50% reduction
For medium businesses – 25% reduction

With the discounts and reductions available, it is possible for a civil penalty amount to be brought down to £0.

Each case will be considered based on the information provided.

Can I challenge a civil penalty?

Objecting to the penalty

Those issued with a Penalty Notice can submit a written objection, giving full reasons for the objection. The objection and any supporting documents must be received by the Home Office within 28 days of date of issue of the Penalty Notice.

If the responsible parties cannot afford to pay the penalty or would suffer financial hardship if the penalty is paid, evidence of this can be provided along with the written objection. Written evidence demonstrating their financial situation and how paying the penalty would impact them must be included.

It is vital that any evidence and supporting documents are submitted together with the written objection. Any additional information submitted after the objection has been decided will not be considered except in exceptional circumstances.

Appealing against the penalty

Regardless of whether a civil penalty is objected to, responsible parties are entitled to appeal to a County Court against the penalty imposed or the penalty amount.

The appeal must be made:

Within 28 days of the date of issue of the Penalty Notice; or
If an objection was made, within 28 days of the date of the decision on the objection.

Can I pay by instalments?

It is possible to make alternative proposals for payment (e.g. by monthly instalments).

Any proposal must be received by the Border Force within 28 days of the date of issue of the Penalty Notice.

Next steps

Our expert Immigration team are well-placed to advise assist both organisations and individuals who have received a civil penalty from the Home Office. We offer strategic support in preparing robust representations and navigating complex immigration enforcement challenges. Our experienced professionals can help review your circumstances to effectively challenge or mitigate penalties.

If you have been issued a civil penalty by the Home Office or need assistance with an ongoing immigration issue, please do not hesitate to contact our Immigration team.

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