Points Based System - Sponsor Licence
Employers wishing to employ nationals from outside the European Economic Area (EEA) must now obtain a Sponsor Licence. In November 2008, the UK Work Permit Scheme was closed and replaced with a Points Based System (PBS). The Licence will enable a UK employer to sponsor skilled workers, temporary workers or students under the new PBS.
Entry to the UK now consists of a two-part process. Employers who hold a Sponsor Licence will be able to issue a Certificate of Sponsorship for a prospective employee, which will be forwarded to the individual to enable them to submit an application for Entry Clearance in their country of residence.
The Sponsor Licence scheme will shortly be introduced to colleges and universities as well as churches or missions.
A Sponsor Licence will enable the employer to sponsor Tier 2 and Tier 5 workers.
Tier 2 has four categories of workers:
Tier 5 has two categories of workers:
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temporary workers
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youth mobility scheme.
Temporary workers are categorised as follows:
Sponsor Licences are issued by the UK Border and Immigration Agency (UKBA). Once an employer or college has been granted a Sponsor Licence certain duties and responsibilities must continue to be met in order to retain the Licence. UKBA will undertake site visits and audits from time to time to ensure that the regulations are adhered to. In some cases such visits will be without prior notice.
Sponsors must be able to evidence that they have sufficient processes and procedures in place which will enable them to meet the compliance regulations.
The introduction of the PBS places the onus onto Licence holders to ensure that the individual coming to the UK is eligible to do so and that there is a genuine offer of employment or study.
Sponsors will be granted an A or B rating. An A rating should be granted to the majority of Sponsors, however in some cases where the UKBA believe that the obligations on Sponsors are not being met, or if the organisation may be considered a threat to UK immigration a B rating will be granted. B ratings are transitional and holders will be granted a time limit in which to evidence that they can meet the criteria and, potentially, gain an A rating.
Sponsor Licence holders should note:
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if a Certificate of Sponsorship is deemed to have been issued in error, all sponsored non-EU citizens may be require to leave the UK with 28 days
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authorising officers within UK organisations may face a fine of £10,000 or two years in prison if found to be in breach of immigration laws
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sufficient records showing that all criteria has been met must be kept to ensure that when the organisation is audited in the future, they are able to justify the issuing of a Certificate of Sponsorship
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employers must ensure that any overseas qualification held by the prospective employee is equivalent to a UK NVQ level 3 or above
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where advertising has taken place to fill the position, this must meet the requirements under the PBS
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if Certificates of Sponsorship are issued outside of the PBS their Licence may be suspended and all overseas national may be required to leave the UK.
Low skilled workers, voluntary workers, temporary workers under International Agreements
It is anticipated that Tier 3 will enable Sponsors to bring in low-skilled workers; however this scheme is not yet operating.
In order to employ voluntary workers, Sponsors must apply under Tier 5 and must be a registered charity (or have charitable status if in Northern Ireland).
Temporary workers under International Agreements include:
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private servants in diplomatic households must be sponsored by a diplomatic mission
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Overseas Government Employees must be sponsored by a diplomatic mission or international mission recognised by the UK government
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Sponsors wishing to employ migrants under the General Agreement on Trade and Services (GATS) must be able to show that the job relates to the terms of the agreement
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Youth Mobility Scheme migrants should be sponsored by their relevant government.
How to apply for a Sponsor Licence
Applications for a Sponsor Licence must be made electronically and if successful a Licence will be issued for four years. Upon expiry if the employer still continues to employ non-EEA nationals a fresh Licence must be applied for whether or not the employer intends to sponsor additional non-EEA nationals.
In cases where employers have several branches, a single Licence application can be made. However should the Licence be revoked at any time, it will apply to all branches.
Certificate of Sponsorship
Once an employer has obtained a Sponsor Licence they will be able to assign a Certificate of Sponsorship (CoS). When submitting an application for a Sponsor Licence, employers must state how many of each type of CoS they anticipate applying for in a 12 month period. If this figure needs to be increased, an application will need to be made to the UK Border Agency.
Once an employer is satisfied that they have met all the requirements relating to the employment of a non-EEA national, they can assign a CoS. The requirements include undertaking a relevant recruitment search, satisfying themselves that the candidate meets the requirements of the position and has the necessary qualifications. It is vital that documentation is retained by the employer to evidence compliance.
A CoS is an electronic document which generates a unique reference number which allows the potential employee to submit an entry clearance application. The CoS does not guarantee entry clearance however it enables the Entry Clearance Officer to access sponsorship information online.
Sponsorship Duties
Sponsors must only issue Certificates of Sponsorship to candidates who they consider to be eligible and qualified to undertake the employment or course of study for which the Certificate is issued.
Sponsors are required to keep thorough documentation relating to each candidate for whom they are responsible. This documentation must be made available to the UK Border Agency on request.
Sponsors must retain full contact details for each individual as well as a copy of their passport or UK visa status, demonstrating their eligibility to work or study in the UK. Where migrants have biometric Immigration Documents, commonly known as identity cards, a copy must be retained.
Additionally, sponsors are required to undertake reporting duties where a sponsored migrant's conduct is unsatisfactory.
If a sponsored migrant does not arrive for their first day of work or study, this must be reported within ten working days. The absence must still be reported in cases where a reason has been given.
If sponsored migrants fail to attend work or study for a period of more than ten working days, without the permission of the sponsor, this must also be reported, within ten working days.
Where a contract is terminated (employment or study related) either via the sponsored migrant's own choice or due to dismissal this must also be reported within the ten day time frame. If the sponsor holds details of the sponsored migrant's new place of work or study, this information should also be submitted.
If, for any other reason, sponsor and candidate part company, this too must be reported. Sponsors must also make the UK Border Agency aware of any significant changes in the circumstances of either party.
For further information please contact us.
