Employers Sponsorship
Sponsor Licence
Employers Enquiry FormEmploying migrant workers in the UK
Since November 2008, The UK Border Agency has been operating a Points Based System for evaluating all workers from outside the EEA (European Economic Area) wishing to work in the UK. The scheme is designed to limit the number of migrant workers coming to work in the UK by utilising a points system which favours those with high qualifications, higher earnings and those working in shortage occupations.
Further, the restrictions on who can now work in the UK are tighter and more complex than previously. For example skilled workers can no longer change employers as easily as before and rules on English speaking and maintenance funding have been introduced into the skilled worker tiers for the first time.
Tier I, for Highly Skilled Workers, has been in place since July 2008 and it is the individual who applies for, and may be granted, a work permit. This enables them to work for any employer or to be self-employed.
Tier 2, for skilled workers with a job offer, and Tier 5, for temporary workers, became operational on 27th November 2008, and it is the employer who must issue a certificate of sponsorship to the job applicant before he or she may apply for entry clearance or leave to remain.
Workers from Bulgaria and Romania may still be employed under the old rules – ie: the employer must apply for a work permit or TWES as previously - and the employee then applies for an accession card before they can start work. After 12 months the employee may then apply for a worker registration card with which they are free to work for any employer.
Current Work Permit Holders will only be able to extend their stay or change employment by receiving a certificate of sponsorship from their employer and obtaining further Grant of Leave.
Getting your Sponsors Licence: before being permitted to issue these certificates an employer must successfully apply for a Sponsors licence. This application is carried out on-line and should take approximately 30 minutes. Once this is done, all supporting documents and the appropriate fee must be submitted to the Home Office within 10 working days.
At Work Permit Centre, we have developed a straight forward ‘five point process’ to assist you through your application for a Sponsors Licence, although we are not permitted to apply on your behalf.
Once a Sponsor’s Licence has been granted, employers – or Work Permit Centre on their behalf - may issue Certificates of Sponsorship to non-EEA skilled migrants. If the job in question is not on the Shortage Occupation List, it is the employers’ responsibility to advertise the role within the EEA area for four weeks and keep records of the advertising conducted, responses received and clear reasons for not employing any EEA applicants. This is a service we at Work Permit Centre regularly carry out on behalf of clients, as there are several strict conditions and records that must be observed to ensure compliancy.
All organisations applying for a licence must appoint an authorising officer, who should be a senior and competent officer within that organisation. No outside agencies or contractors are permitted to perform this role.
In addition, the organisation must have a key contact who acts as the main point of contact between the organization and the UK Border Agency. He or she may be the same person as the authorising officer or a legal representative such as an OISC authorised advisor at Work Permit Centre.
Work Permit Centre is also authorised to carry out the role of the level 1 user. It is the Level 1 user that is required to undertake the sponsor’s day-to-day activities by using the sponsorship management system. They will be able to:
- Add other users to the sponsorship management system or remove them
- Assign certificates of sponsorships to migrants
- Request an increase in the number of certificates that a sponsor can issue (its limit)
- Request renewal of annual allocation of certificates
- Notify the UK Border Agency of minor changes to the sponsor’s details
- Complete the change of circumstances form on the SMS, to ask the UK Border Agency to record bigger changes in the sponsor’s circumstances
- Report migrant activity to the UK Border Agency (eg: inform them if a migrant goes missing or does not attend his/her job)
- Withdraw certificates of sponsorship
- Surrender a licence
- Manage work/study addresses
- Export MI
- Amend user details
In parallel to this new sponsorship system, the Home Office has introduced a regime of offences relating to the employment of illegal immigrant workers including:
- A system of civil penalties for those employers who employ illegal migrant workers as a result of negligent recruitment and employment practices
- A tough new criminal offence, which carries a maximum two-year prison sentence and/or unlimited fine for those employers found to be knowingly employing illegal migrant workers
With this strict new regime planned for the future it makes more sense than ever to employ the services of an authorised OISC advisor such as Work Permit Centre.
For a fuller discussion on how we may be able to assist you going forward, click on the Initial Enquiry Form opposite.