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.

The BBC has reported the unveiling of the first identity cards from the Government's controversial  national scheme.  Home Secretary Jacqui Smith said it will allow people to easily and securely prove their identity. The cards will detail the immigration status of the individual and will be distributed initially to non-EU students and marriage visa holders from November.

Let us know your views on the identity cards by commenting below.

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.

Rediff India Abroad has reported that surrey-bound Pakistan pacer Shoaib Akhtar was sent home by UK immigration officials after arriving in Heathrow without a valid working visa.

The Institute for Public Policy Research's (IPPR) Economics of Migration project has released it's first working paper. The project aims to improve understanding of the economic impacts of migration in the UK, and how policy should respond to that migration in order to maximise its economic benefits, and minimise its costs. The paper underlines the importance of looking at migration’s longer-term impacts in local areas, as well as its short-term effects.

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.

Intellegal has reported the UK Home Office's announcement of two new visitor visas for Sports people and entertainers, allowing people who fall under these category to visit the UK for up to six months.