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:
- That an effective HR system is in place
- The sponsor has not been given civil penalties for Immigration offences
- The Authorizing Officer, Level 1 user and Key contact person in the organization have no criminal convictions
- 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:
- prevent abuse of the assessment procedure
- capture early any patterns of migrant behavior that may cause conce
- 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.