There are major changes happening in UK Immigration, the biggest changes in the last 45 years. These changes also apply to the UK Work Permit scheme.
Employers who are informed and following the basic steps can avoid strict penalties and continue to benefit from managed migration.
The Border and Immigration Agency (BIA) are in the process of launching the new Points Based System. It contains a 5 Tier system, aimed to simplify the application process and to make it more transparent.
After attending the latest training at the Immigration Law Practitioners Association, Marius de Beer, LLB, our work permit expert and qualified immigration advisor from our London office says:
“The Employer can still sponsor non-EU Nationals under Tier 2 but will need to be licensed by the BIA. This license issued to the employer will be very specific in terms of Tiers and routes, for example, there will be a difference between Tier 2 (Intra-Company Transfer) and Tier 2 (General). The employer will be able to issue an allowed number of “Certificates of Sponsorship” according to their license.”
Key points:
- Sponsors are able to apply for a licence from 29 February 2008.
- The BIA will not issue a license where the employment agency is only supplying personnel to another employer.
- The Employee is still required to obtain Entry Clearance or Further Leave to Remain and will qualify under points categories.
- Tier 2 will be implemented in autumn 2008. Employers who wish to bring in migrants to work before this date should use the existing Work Permit or other routes.
Here at The Smooth Group we will be able to act as the employer’s representative assisting with application for license. We can be registered as part of the above license and can assist the employers with the issue and entry clearance application process of the “Certificates of Sponsorship”. If you have any queries or applications, Marius can assist you whether it's under the new points based system or the current system. Contact Marius today at: marius.debeer@mysmoothgroup.com
Urvi Shah, (LLM- Master of Law) and senior member of our immigration team in London explains the Employer’s responsibility since 29 Feb 2008:
“The employer may be liable to pay a civil penalty if they employ someone who is subject to immigration control, aged over 16; and not entitled to undertake the work in question. Civil penalties can be up to £10,000 per illegal worker. The Employer should follow the 3 steps rule for every individual whom he intend to employ from 20 Feb 08 onwards. These are serious penalties and that’s why The Smooth Group is here to make your life smoother! Contact Urvi today at: urvi.shah@mysmoothgroup.com
Step 1 – Your prospective employee or existing employee must provide you with an original document showing entitlement to work.
Step 2 – Ensure you check the document is valid, that the employee is the person named in the document and that document allows him/her only to do the work in question.
Step 3 - Keep a copy of the relevant page or pages in a format that cannot be altered.
In some cases the Employer is required to carry our yearly repeat checks, please contact our office for more details.
If you would like to find out on any of the issues covered then contact us today - we're here to make your life smoother!
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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