Visas

Sponsorship under the Points Based System

The sponsorship system for those wishing to employ migrant workers under the Points Based System (PBS) is to be launched this month.

Under the PBS system a migrant will require a certificate of sponsorship from their sponsor before they can apply for an entry clearance. Certificates of sponsorship are obtained by employers and institutions licensed by the UK Border and Immigration Agency. Prospective sponsors will need to be granted a sponsor’s licence before they can obtain certificates of sponsorship for a migrant.

Obtaining a certificate of sponsorship does not guarantee that a prospective migrant’s application for entry to the UK will be successful. The certificate merely entitles the applicant to make an application.

Applying for a Sponsorship Licence
If you currently sponsor or intend to sponsor a non EU national to work in your organisation, you need a licence.

Sponsors’ Duties
Sponsors will be expected to comply with numerous duties and those organisations that fail to comply with their duties may be downgraded to a B rating or have their licence revoked.

Monitoring Regime
The BIA will monitor sponsors to ensure that they comply with their duties and obligations and will make announced and unannounced visits to a sponsor’s premises. Additionally, they will set up reviews of the sponsor’s activity under the sponsorship scheme. The frequency of reviews will be determined by the number of certificates of sponsorship a sponsor obtains for its migrants.

The monitoring regime will be enforced by the issuance of civil penalties to businesses and organisations that are not compliant with their obligations under immigration laws. If appropriate, offenders will also be subject to criminal prosecution. Penalties for immigration offences have been significantly strengthened under the PBS. Fines for employing each illegal worker can reach as much as £10,000 and employers knowingly employing illegal workers may face a maximum 2 year prison sentence. Employers who have negligent recruitment processes will not escape liability under the PBS.

Biometric Visas and Identity Cards
The PBS will also introduce biometric identity cards for all migrants entering or living in the UK. Migrants will be required to register their fingerprints with the BIA to obtain an ID card. Sponsors will be expected to keep a copy of this ID card in their records as part of their duties.

We have successfully assisted our clients to address their in-house administration to ensure compliance with the new legislation and obtain ‘A’ rated licence status. If you would like to arrange a meeting to discuss your business operations and licence application, please contact us.