Immigration: Take action NOW to prepare for sponsorship licence

 

Points Based System

You may have heard from us or the media about the new Points Based System (PBS), which is likely to affect your UK business. Under PBS, all UK employers wanting to employ non-EU migrants will need to apply during Summer 2008 for a sponsorship licence from the UK Border Agency.

More responsibility on management

PBS, which is being rolled out in phases throughout 2008, will put much more responsibility on your UK operation. Strict duties will include monitoring and reporting on the conduct of your overseas nationals, and checking immigration paperwork annually. Failure to comply with immigration law can lead to an on-the-spot fine of up to £10,000 per illegal worker or, in the worst cases, to a two year prison sentence.

Apply by August 2008

Action is required very soon. The government intends that every business that applies for a sponsorship licence will be visited by immigration officials, who will check your documents and compliance with immigration laws. Timing is crucial - from latest available data, if employers wait too long to apply, there is a real risk of a bottleneck, meaning you may not have licence approval when the Tier 2 system goes live in October 2008. We recommend that applications are submitted by mid-August 2008 at the latest.

What to do next

To give your UK operation the best chance of obtaining a licence, it should not apply until full compliance checks have been made by your UK Human Resources/management team. It should take the following steps NOW:

review your current employee list and HR files to ensure that all current employees are permitted to work in the UK and that you have up-to-date copies of valid immigration papers in line with legal guidance

issue guidance to HR/managers on the mandatory document checks required - we can provide a written policy for your business

prepare groundwork for sponsorship licences by considering which UK-based employees will fill positions of immigration responsibility and whether you need a different licence for each UK site. Taylor Wessing may be able to take an assigned Level 2 role to help you through the new PBS regime

amend employment contracts to take account of PBS changes (eg an obligation on employees to reveal changes in circumstances)

 

We would be delighted to discuss these issues with you - once you are ready to proceed we will assist you with the licence registration process for a fixed fee per application.

Please do get in touch with your usual Taylor Wessing immigration contact to progress this or email us on ImmigrationInfo@taylorwessing.com for someone to contact you about the next steps.