In February 2008, UK immigration regulations began enforcing a new regime of fines on employers found to be employing migrants without official permission to work.  UK Border Agency officials may now issue on-the-spot fines to employers of up to £10,000 per unauthorised worker – a measure which has been accompanied by a series of highly publicised immigration raids on workplaces. The new regime has led to a huge increase in demands on the part of employers for passports and other identity documents from their workers.

PAPERS PLEASE is the first attempt to look at the impact of this new regime on migrant workers themselves.  Based on interviews with migrants affected by the changes, trade union officials, and employer associations, it identifies worrying trends towards discrimination and an increase in tensions in workforces where migrant workers are present.

PAPERS PLEASE relates these developments to wider concerns about increases in the vulnerability of migrant workers to exploitation and the erosion of basic employment rights.  It calls for civil society organisations to better engage with the range of problems emerging in this troubled area, and for determined efforts to counter the effects of discrimination and the abuse of power.

Download a free copy of PAPERS PLEASE from MRN’s website

For a free copy of the published report, within the UK, send an A4-size SAE with a 56p stamp to ‘Papers Please’ report, Migrants’ Rights Network, 253 Upper Street, London N1 1RY.

For delivery outside the UK, or to inquire about receiving multiple copies of the report, email info@migrantsrights.org.uk to inquire about terms of delivery.

Personneltoday.com has reported that a government adviser who helped create the new points-based  system has advised employers they won't be able to bring in non-EU migrant workers unless they also demonstrate their efforts to train UK workers.

A Liverpool Daily Post article written by Paul Edwards reported that British cricket clubs have been warned to abide by new immigration laws and apply for a sponsorship license to employ overseas players or face prosecution. The article was published on 13 October 2008 and is not available online but can be seen below:

OFFICIALS OF cricket clubs intending to employ overseas players in 2009 will risk prosecution if they do not abide by new regulations introduced by the Home Office.

The Managed Migration System replaces all the current means by which cricketers come to the UK and introduces three categories for applicants. The first of these, Tier 2, will be used solely by the first-class counties, but the others, Tier 5 and Sports Visas, are specifically designed for recreational clubs such as those in the Business Assistance Liverpool Competition.

Tier 5 is for professional players who will need to have played five first-class matches in the previous 24 months and will also need to possess, or be in the process of getting, a Level II coaching qualification.

Clubs wishing to employ such a cricketer will need to get a Licence of Sponsorship from the Home Office, which will ultimately allow the player to apply for a biometric Visa from the British Embassy or High Commission in his home country. Such applications may, of course, still be turned down on security or other grounds.

Licences will cost £400 and will last for four years. Sponsoring clubs will need to supply evidence of ECB support, copies of club accounts plus insurance and other documents with their application. The new licences will also be player specific - if a club changes its professional, a new application, costing £10, will have to be made.

The new regulations may sound dry and predictably bureaucratic. But such is the Home Office's desire to control immigration more tightly, that it has been made clear that heavy fines or even possible imprisonment await officials who bring in or employ "migrant workers" without proper documentation.

The Sports Visa method of entry is simpler and it is anticipated that it will be adopted by most recreational clubs. Under the system, players who can prove that to the Embassy or High Commission that they are not professional cricketers will be able to apply for a Sports Visa to play for a specific club. These will cost £65 and it is understood they will be available from countries decribed by the Home office as "low risk" such as South Africa, Australia and New Zealand.

Despite the new visas being intended for amateur sportspersons, it will still be permitted for such cricketers to be paid for their services and most first-grade Australian players, for example, would be included in this category.

Both systems place considerable administrative burdens on club officials, but Neil Edwards, Secretary of the League Cricket Conference and an authority in the field of employing overseas cricketers, feels that the impact will be "quite positive".

"Under the new system, it's quite clear what clubs have to do," he said.

It's quite clear what clubs have to do.

Employers...find out everything you need to know about Tier 2 and applying for your sponsor licence with our upcoming seminar.

November marks the start of Tier 2 of the new Points Based Immigration System that requires all employers who fill positions with migrant workers to be Sponsor Licence holders on the Employers A list. Due to a lack of awareness about the new process, only 237 UK employers have completed the application stage.

Don’t let the deadline pass you by and affect your ability to hire migrant workers to fill positions in your company. Join us at our morning seminar when we will go through the new Tier 2 requirements so that you can get a head start with your application.

WHERE: Tower 42, 25 Old Broad Street, London, EC2N 1HQ, www.tower42.co.uk
WHEN: Thursday, October 16th 2008, 0800am - 11.30am

Cost per ticket is only £65 + VAT per delegate so book your place soon. To book please call Rebecca Hall on 07870 250 854.
 
Topics will include:
    * Overview of the New 5 Tier Points Based System
    * Tier 2 and gaining a Licence, Application Process and what are the Hurdles?
    * The changes in UK immigration

We look forward to seeing you all there!

Don’t miss out on our Immigration Seminar, 3 October, focusing on the new requirement for employers to have a Sponsor’s License to engage foreign workers. Your clients could find themselves at a disadvantage by not taking action now to secure their Sponsor’s License.

Give yourself the competitive advantage by being clued up about the new immigration requirements and safeguard your clients’ hiring capacity.

Our morning seminar on Friday, 3 October will give you an expert view on:

    * The new 5 Tier Points Based Immigration System
    * Tier 2 - Applying and gaining an Employers License
    * Review of the changes in UK Immigration

Tickets: £65 + vat per delegate. Group discounts available.

Venue: Tower 42, 25 Old Broad Street, London, EC2N 1HQ Time: 08:30-12:00.

To reserve your ticket, please call Rebecca Hall on 07870 250 854. Places are restricted so please book your tickets now to avoid disappointment.

Immigration and world permit news has repoted that the UK Border Agency published statistics showing the number of Eastern European immigrants coming to the UK is continuing to decrease. This can be good news for non-EU nationals hoping to live and work in the UK. Fewer Eastern European immigrants in the UK could mean improved labour market prospects for third country nationals.

Computer weekly have reported immigration lawyers and industry bodies predict that employers will NOT find it harder to get the IT skills they need when new immigration rules come into force in November, despite IT skills not being included on a new list of "shortage skills".

Personneltoday.com is reporting results of a survey carried out by PriceWaterhouseCoopers showing 88% of 170 HR Directors polled are yet to apply for a sponsorship license to employ non-EU migrant workers. The UK Border Agency can only guarantee applications received by 1 October, 2008 will be processed in time for the introduction of the new points-based system in November.

The UK government is strengthening borders and attempting to simplify immigration and Citizenship law.  The emphasis will be on immigrants earning their citizenship and employers following the correct procedures.

Tier 2 will be the flagship of the new system and replaces the current Business and Commercial Work Permit scheme. It is designed for employers who directly employ non-EU members on a full time basis and its launch is planned for the end of November 2008. All employers who wish to sponsor non EU nationals with work permits after this date will have to register as a sponsor with the BIA.

When an employer is looking to recruit highly skilled migrants working on contract basis the Tier 1 (General) is the scheme to choose. With the Tier 1 the migrant is the applicant and the permit is therefore not issued to the employer but to the individual. Tier 1 migrants can word unrestrictedly in the UK. The Tier 1 scheme is fully launched and operational and includes some subcategories for example, the Post Study Group which is designed for UK graduates.

However, to date only 150 companies are registered with the BIA which is far less than the expected 20,000. With the launch date around the corner timescales are a concern for all parties involved. The present procedure of site visits to all potential sponsors is very time consuming for the BIA and because of this there could be a backlog in the Government process delaying the granting of Sponsor's Licenses.  This would put employees at risk if they require a renewal of their permit or visa.

The onus is now on employers to ensure their organisation adheres to the UK immigration controls. Put simply, they need to know the following:

• On or after the 29th February 2008, it is the responsibility of the employer to check employees entitlement to work (including UK citizens) before commencing employment
• Employers must take reasonable steps to check that employees entitlement documents are valid and that copies are kept
• Employers are required to register and apply for a Sponsor’s License. They will then be awarded either an A or B rating
• Under an “A” rating the sponsor will be able to issue a certain amount of licenses or Certificates of Sponsorship (work permits or inter company transfers)
• A “B” rating is issued when the sponsor doesn’t meet the full criteria and an action plan is set in place to enable the employer to move up to the A rating, or they fail to register as a sponsor

Without this Sponsor License employers will be unable to employ migrants, visa or permit holders and foreign students.  They are required by law to comply with the Government regulations in order to sponsor and employ non-EU nationals.  The awarding of an "A" or "B" rating will affect the organisations current and future employment of all non-EU nationals.

The suitability criteria for a Sponsor's License are:

1. That an effective HR system is in place
2. The sponsor has not been given civil penalties for Immigration offences
3. The Authorizing Officer, Level 1 user and Key contact person in the organization have no criminal convictions
4. BIA has not evidence of previous non-compliance

The Government argues that organizations that directly benefit from migration should play their part in ensuring that the system is not abused. The sponsor organization is therefore responsible for record keeping duties, reporting duties, complying with the law and co-operating with the BIA to:

1. prevent abuse of the assessment procedure
2. capture early any patterns of migrant behavior that may cause conce
3. address possible weaknesses in process which can cause those patterns and monitor compliance with immigration rules.

The Government has also updated regulations of Tiers 4 and 5.  The Tier 5 Youth Mobility Scheme will be launched in November 08. The Youth Mobility will replace the current 2 Year Working Holiday scheme and does not include all the nationalities currently taking part in the Working Holiday Scheme.

Tier 4 will replace the current student visa scheme and is scheduled to launch in spring 2009, serving as a new immigration route for persons wishing to study in the UK. Educational institutions, will be required to act as sponsors and can apply now for their sponsor license. This will be required to enable these institutions to offer places to foreign students from Spring 2009. This license issued to the educational institute will be very specific in terms of tiers and routes, and the institution will be required to report students who do not meet their visas rules.

Failure to comply with these new immigration rules could result in a civil penalty and prosecution if employers are are found employing an illegal worker. 45 such employers have been issued with notices of liability and penalties differ between imprisonment, £5,000 and £20,000 depending on number of illegal workers found.

Are you worried these issues affect your organisation? Do you currently employ non-EU nationals and aren’t sure what to do?  Don’t panic, The Smooth Group is here to Make Life Smoother and ensure a smooth path to your sponsor registration and license application.  We have a full in-house Training Solution which includes entitlement checks and guidance notes. We want to to help you get that A list rating and ensure you are not liable for penalties under the new legislation.

BBC News has reported on the list of UK jobs likely to be available to workers from outside the EU and how it will effect various industries.

The UK Border Agency has announced that from 25 November 2008 they will begin to issue identity cards to foreign nationals applying for further leave to remain in the United Kingdom under certain categories. The first cards will be issued to migrants applying as:

• A student; or
• The husband, wife, civil partner or unmarried partner of someone holding permanent residence in the United Kingdom.

From November 2008, fingerprints and facial images will be captured at six centres around the UK as part of the process of making a decision about an individual's right to be in the country.

The card provides evidence of the holder's nationality, identity and status in the UK. It will provide information that will help public agencies; employers and educational establishments understand the migrant's entitlements more easily.

Employers will be able to see the card which will detail applicants entitlement to work, study or access public funds.

When a foreign national, who has already been granted further leave to remain and is issued with an identity card, returns to the UK, they will be required to show their identity card at the border together with their national passport to confirm their immigration status.

By 2014-15 90% of foreign nationals will have an identity card.

In 2010 voluntary identity cards will be offered to young people and in 2011-12, voluntary identity cards will be offered to large numbers of the British public.

The identity card will help businesses:

• Reduce administrative burden.
• Make it easier for employers, sponsors and others to check entitlements.
• Ensure those who are here illegally do not receive benefits and other privileges of living in the UK.

For the individual it will make it easier to:

• Provide proof of their right to live in the UK .
• Prove their identity safely and quickly wherever and whenever this is required.
• Get a job - as potential employers can use the card to check future employees identity and employment status quickly and easily.

Immigration and work permit news has reported that the UK Border Agency has published statistics showing the number of Eastern European immigrants coming to the UK has continued to decrease. This can be good news for non-EU nationals hoping to live and work in the UK. Fewer Eastern European immigrants in the UK could mean improved labour market prospects for third country nationals.

This Telegraph.co.uk story by Christopher Hope uncovers the truth about the rising influx of foreign workers to the UK, according to new figures obtained by Tory MP James Clappison.

Recruiter has reported the launch of this sparkly new blog and emphasised its benefits to both recruiters and the lovely folk we call our customers.

Smooth Landings has launching a new online 'Job Spot' putting travellers in touch with leading UK recruiters before they leave home, or on arrival. To register, click here.

"We want our members to make the most of their time in the UK and the Job Spot is designed to do just that," said Angela Lansdell, Immigration Advisor for the Smooth Group. "The Job Spot is a quick and easy facility where people can upload their resume before they arrive in the UK. It gives recruitment companies access to their information to assess their qualifications and skills, and hopefully our members will have interviews lined up on arrival."

This secure site allows travellers to drop their resume (CV) into one online basket for a variety of recruitment companies to peruse. It’s easy to register with the site and upload your resume. Individuals must register with Smooth Landings before they can use the service and job seeker information is only available to Smooth Landings’ recruitment partners who regularly review the site and contact the travellers directly.

“Moving to work in the UK is an exciting adventure, but there is much to learn and to organise before arriving,” said Angela Lansdell. “Travellers can trust Smooth Landings to be the perfect partner to make sure their arrival is hassle-free, so they can make the most of their time in the UK.”

There are many people currently talking with “authority” on the subject of South Africa and the upcoming changes to the Two-Year Working Holiday Scheme.  The only known fact at the moment is that the UK and South African authorities are currently in discussions about the matter.  No decision has been made whether or not South Africa will participate in the scheme.

The last changes we saw in the Two-Year Working Holiday Scheme were the ministerial statement of February 2005 restricting the total length of time that can be spent in employment to 12 months.

Currently the UK immigration system is undergoing an overhaul and we are seeing the implementation of a points-based system similar to those in use in Australia and Canada.  But what does this has to do with South Africans and the Two-Year Working Holiday?

The new points-based system is launched in a phased manner.  It consists of five tiers and sub-categories.  In November 2008 it is planned for the Tier Five subcategory, Youth Mobility, to launch.  The Youth Mobility will replace the current Two-Year Working Holiday Scheme.

The ground rules for the Youth Mobility Scheme are:

1. Each year the UK will publish a list of the countries that qualify for the scheme, together with the number of places on the scheme that they have allocated to each country.
2. A participating country will sponsor their nationals on the scheme, the said Government will either be automatically licensed to issue certificates of sponsorship or the country will be deemed as low risk and will be eligible for deemed sponsorship.
3. The migrant needs to be aged 18 to 30 and must be able to support themselves financially.  You will need to demonstrate sufficient funds for the first two months following arrival in the UK (£1600)
4. The migrant must have no dependent children;
5. Must not have previously spent time in the UK as a working holidaymaker.
6. Spouses and partners will have to qualify and obtain entry clearance in their own right under the scheme.
7. The migrant can enter the UK for a period of up to 24 months and can take lawful work for as much of their stay as they wish.

Transitional arrangements for the Youth Mobility Scheme:

• Migrants who have been granted entry clearance as a working holidaymaker and;
• Those who have already been granted leave to enter the UK for periods over six months as working holiday makers;
• Will be able to enter and re-enter the UK and complete their periods of leave.

The Smooth Group is aiming to accelerate a global conversation about the issues, adventures and challenges involved in coming to work in the UK with the launch of this fully social blogsite.

'People from all over the world are coming in droves to the UK to study and work. Some seek an exciting adventure, others look forward to a professional challenge. But whatever the motivation, all newcomers have much to learn and take on board before they arrive in the UK, "said Nerys Roberts, group commercial director, The Smooth Group. 'We've created our blog to be a virtual meeting place where people can discuss their plans, exchange tips and find out the latest news and expert information on UK immigration."

Immigration is always a hot topic with strong opinion on both sides.  All are welcome on the Smooth Group blog.  Brain drain, job market trends, immigration law and tips and hints on life in the UK are all bound to be discussed as are some of the more mundane, but important minutia of life (how do I open a bank account?).

Nerys Roberts  says, 'We encourage people to use our blog's comments feature. With it, you can talk to travellers from around the world and learn from their experiences.  We'll continue to post expert opinion and advice on visa and other immigration issues as they arise so that our blog will become a one-stop-shop for anyone thinking about coming to the UK for work.  We look forward to hearing people's views and opinions and are excited to become part of a global conversation.' 

In addition to the blogsite, The Smooth Group has a Facebook and is LinkedIn. Participating in these, two of the world's most popular, social networks adds value to the conversations taking place on the Smooth blog by providing a broad context and larger community.

Gordon Brown has relaxed immigration restrictions on atomic engineers as part of a series of measures to clean up the environment and curb crude oil prices.

At a recent press conference in Jeddah, Saudi Arabia, Gordon Brown told oil producing nations that the UK is determined to wean itself off oil dependency by expanding its nuclear power industry and developing other renewable forms of energy. The Government is pushing to increase the amount of electricity generated by nuclear power plants which currently account for a fifth of supply. Brown has been shmoosing companies to build new plants and has relaxed immigration restrictions for atomic engineers. 

Brown said: “Our commitment to the biggest expansion of nuclear power in Europe is now clear and definitive.”  

The changes are part of a ‘new deal’ Brown proposed to oil producing nations on behalf of the nations of the European Union. If Brown gets his way, this could see nations such as Saudi Arabia, Norway, The United Arab Emirates and Qatar recycling over $3 trillion they have reaped from a surge in oil prices into Western European nations.  

Brown explained Saudi Arabia and Norway are working with Britain on carbon capture programs that pump fumes blamed for damaging the earth’s climate for storage underground.  He added that the United Arab Emirates are also talking to the UK about investing in nuclear projects and Qatar is also seeking to invest in Britain’s energy industry.

South Africa is losing professionals in droves as they up stakes and move to work in other countries.
Newspapers such as South Africa's The Times are coming out with some statistics that should make the country quake: an estimated one qualified engineer is leaving every day (according to The Engineering Council of South Africa) and in a survey of 1700 health professionals, half of them hope to leave the country within five years.

Crime, career prospects, earning power, the Eskom power crunch and schooling (some students are barred entry into university because of the  race quotas) are the reasons for professionals leaving; also applications for business visas have soared, meaning entrepreneurs are taking their inspiration – and cash – elsewhere..

All this is good news for immigration consultants and removals companies, who report business is up by, in some cases, 600% over last year.
Australia is top of the list in terms of favoured destination, but professionals are apparently becoming less fussy over where they end up – and desirable countries include New Zealand, Canada, Britain and the US.
South Africa's loss is Britain's gain because, like all EU countries, it needs professionals, particularly in IT, engineering and the health services.
The EU needs an estimated 20m extra workers to fill gaps in industry, and is introducing a blue card work permit scheme to make it easier for skilled professionals to immigrate. A global survey of 750 CIOs and CEOs in February 2008 said biggest worry is staffing problems and a crisis in IT skills.