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Immigration and Nationality
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- Newsletter Summer 2008
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Your Immigration Choices
Services for UK Businesses
Sponsor Licence
An employing entity that holds a Sponsor Licence will be able to sponsor migrant workers under Tier 2 and Tier 5 of the Points Based System. UKBA has announced its intention to open the tiers and at the same time discontinue the current work permit system in Autumn 2008.
Under the new system only employing entities which posses a valid Sponsor Licence, issued by UKBA upon application, compliance assessment and approval, will be able to issue a Certificate of Sponsorship (“CoS”) to prospective employees or employees of an overseas office. A CoS acts as an assurance by the sponsor that the migrant is coming to the UK to perform a job which complies with the skills, pay and resident labour market test criteria which UKBA will specify in Codes of Practice. We anticipate that these will be published this month. UKBA has indicated that sponsors should be able to issue a CoS approval in less than fifteen minutes. Once the sponsor has provided such an assurance by issuing a CoS, UKBA will confirm whether or not the migrant can take up the position when it has considered the migrant’s application for entry clearance or leave to remain.
In exchange for the ability to issue Certificates of Sponsorship, the sponsor will agree to assist UKBA by fulfilling various duties and obligations. The licence of a sponsor that fails in its duties and obligations can be suspended or withdrawn. If a licence is withdrawn, UKBA will curtail the leave of all migrant workers who are sponsored by the licence holder to 60 days to allow them to leave the UK, to find an alternative sponsor or to file an application under an alternative immigration category.
An employing entity which has a good immigration compliance record, good HR systems and which is able to discharge its sponsor obligations and duties should apply for a licence without delay and certainly before 1 October. Further information can be found at:
http://www.bia.homeoffice.gov.uk/employers/points/
Entry Clearance and Leave to Remain for Employees
Under the Points Based System all employees and prospective employees seeking permission to work in the UK under a CoS will be required to make a comprehensive application for entry clearance (out of country) or leave to remain (if they are already in the UK in a category which permits switching).
As part of the new application process, it is expected that applicants will be required to provide a comprehensive account of their immigration history, information about their employer/prospective employer and details of their proposed role in the UK. It is likely that they will also be required to submit original evidence of their qualifications for verification checks and evidence of their English language ability. UKBA officials will consider applications and cross-check information relating to both the individual and the sponsor against the details entered by the sponsor on the Sponsor Management System, against UKBA’s own records and with other governmental authorities both in the UK and abroad. Incorrect information and discrepancies may be investigated and may lead to a rejection of the application and/or, depending on the reasons for the rejection, a visit to the sponsor by UKBA Compliance Officers. It is therefore vital that sponsors protect their licences by ensuring that only compliant entry clearance and leave to remain applications are submitted by those to whom they have issued a CoS.
Compliance with Legislation Relating to Prevention of Illegal Working
An employing entity which is found by UKBA to be employing migrant workers illegally may be subject to a civil penalty of up to £10,000 per employee and/or those who run the business may be subject to criminal prosecution. In addition, they may be ‘named and shamed’ on the publicly available list of entities which have received a civil penalty.
As these entities may also have their licences withdrawn, the potential for damage to reputation for any entity which finds itself on that list is significant. It is therefore essential that an employing entity seeking to sponsor migrant workers satisfies itself that its work-force is legal. Further information can be found at:
http://www.bia.homeoffice.gov.uk/employers/preventingillegalworking/
Employee Vetting/HR Training and Advice
Any entity found to be employing a migrant worker illegally may have a defence if they can show that it carried out appropriate checks of the employee's status document in the manner specified by the UK Border Agency.
Employers should ensure that their HR function is trained to conduct the appropriate checks.
Work Permits
UKBA will continue to consider work permit applications up until the day Tier 2 and Tier 5 opens. Work permit entry clearance and leave to remain applications should continue to be accepted until the work permit document becomes invalid (which is six months after the date of issue). It remains to be seen if maintenance tests will become operative for both work permit and CoS entry clearance and leave to remain applications filed after the new system commences.
GHERSON’S SERVICES
Gherson offers a complete package of assistance, advice and training to UK businesses in relation to all aspects of illegal working compliance and sponsor licensing.
In relation to employees currently employed under a work permit who may have more than three months leave to remain left to run, please contact one of our team below for advice on early extension applications.
Gherson has provided an end to end service to corporate clients and their employees for many years ensuring that work permit applications follow correct UKBA procedures and are converted into entry clearance and leave to remain endorsements, which are fully compliant with all aspects of UK immigration legislation. The firm’s immigration team, which is ranked as a leader in the field by both ‘Chambers’ and ‘the Legal 500,’ has an excellent relationship with UKBA officials in the UK and entry clearance officials abroad. We will continue to provide a fully compliant service to our business clients when the new sponsorship system goes live.
INFORMATION
For information as to Gherson’s services and fees please contact:-
Lisa Amos: [email protected]
Leslie Rosberg Sarma: [email protected]
or by telephone: 020 7724 4488