Latest updates on the Sponsorship Registration for the Points based immigration system.

Last week the UK Border & Immigration Agency (BIA) issued updated guidance for employers on the sponsor applications for Tier 2, and further updates for Tier 4 and 5.

Latest update on Tier 2:

The launch of Tier 2 is now planned for the end of November 2008. Tier 2 will replace the current Business and Commercial Work Permit scheme. All employers who wish to sponsor non EU nationals on work permits after Nov 08 have to register now as a sponsor with the BIA.

To date only 150 companies are registered, far less than the expected 20 000 and with the launch date of November 08 being around the corner timescales are becoming a concern for all parties involved. The BIA appears to be struggling with the current applications and the present procedure of site visits to all potential sponsors is very time consuming. As the timescale tightens there could be a backlog in the Government process which could delay your Sponsor’s License being granted and put your employees at risk if they require a renewal of their permit or visa.

After the launch of Tier 2 in November 2008, only those employers who have a Sponsor’s License will be able to employ non–EU nationals and retain those on work permits or visas.

Details of Tier 2 and the Sponsor’s License:

Tier 2 is to be the flagship of the new system. The Government is strengthening the borders, changing managed migration into a 5 Tier points based system and attempting to “simplify” the Immigration and Citizenship law, with emphasis on immigrants “earning” their citizenship.

Employers are currently under the spotlight due to the planned launch of Tier 2 in November 2008. You should be aware of how these changes will affect you:

• for all employees who started working for you on or after 29 February 2008, you are responsible to check their entitlement to work (including UK citizens) before they start employment with you;
• you have to take reasonable steps to checks that the entitlement documents are valid and then keep copies of these.
• Under the new system 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.

Why do I need a Sponsorship Licence?

• Without a Sponsor License you will be unable to employ migrants, visa or permits holders and foreign students under the new points-based system.
• The onus is now on the employers to ensure their organisation adheres to the UK immigration controls and that they are applied to its employees.
• You are required by law to comply with the Government regulations in order to sponsor and employ non-EU nationals.
• Each organisation will be awarded a rating, either A or B according to a set criteria. This rating will affect the organisations current and future employment of all non-EU nationals.
• Failure to comply with these new rules could result in a civil penalty and prosecution if you are found employing an illegal worker. 45 such employers have been issued with notices of liability and penalties differ between imprisonment, £5000 and £20,000 depending on number of illegal workers found.

Update on Tier 5:

If your business is currently employing 2 Year Working Holiday makers you need to know about the Tier 5 Youth Mobility Scheme which is also scheduled to launch in Nov 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.

Update on Tier 4:

Tier 4 will replace the current student visa scheme and is scheduled to launch in spring 2009. It will be the new immigration route for persons wishing to study in the UK. Educational institutions such as schools and colleges will also be required to act as sponsors and can now apply 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 employer will be required to report students who do not meet their visas rules.

What do you need to do now?

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, you are not alone and we are here to offer help and support.

Immigration is a complicated area and coupled with all the recent changes, the onus is now on the employer to ensure they are operating correctly.

The Smooth Group offers a full in-house Training Solution including 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. We can also provide assistance with your Sponsor Registration and license application.

The Smooth Group and individual advisors are registered with the Office of the Immigration Services Commissioner (OISC) to provide advice. We can assist clients and individuals with the entire Tier system and all visa entry options.

We’re here to Make Life Smoother and ensure a smooth path to your sponsor registration and license application. Contact us today on 0845 644 1871 or email: info@mysmoothgroup.com.

Smooth Group Limited
1 Dock Offices, Surrey Quays, London, SE16 2XU
Tel: 0845 644 1871 Email: info@mysmoothgroup.com
www.mysmoothgroup.com
OISC Registered No: F200300158

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