Employers wishing to employ foreign skilled workers are now able to apply for a licence in anticipation of the points based system which comes into force in autumn this year. This replaces the current work permit scheme by which most non-EEA/Swiss workers obtain permission to work in the UK.
Currently employees from outside the European Economic Area and Switzerland are required to submit two separate applications to work in the UK, which can be a complicated process for an employer to follow.
As before, the process will require applicants wishing to enter the UK to obtain sponsorship from a UK employer as part of their application, but in addition to this, a UK employer will now only be able to sponsor a migrant if they hold a licence issued by the United Kingdom Border Agency (UKBA) beforehand. Once a licence has been granted an employer will be able to issue certificates of sponsorship to those migrants they wish to employ, which will effectively allow employers to self-certify applicants.
An employer must apply to UKBA for a licence by completing an online application form. The cost for doing this will be £300 for small sponsors and £1,000 for standard sponsors. For companies to be a small sponsor, they will have to have a turnover below £5.6m, a balance sheet of less than £2.8m and 50 or less employees. On application, an employer will be required to estimate the number of migrants it envisages sponsoring each year. This estimate will then be used by UKBA to determine the limit on sponsorships by the employer.
The changes will mean that employers will be charged with the task of ensuring that employee’s documents are in order, and this is an obligation which will extend throughout the period of employment. Records must be kept of all passports, UK immigration status documents and contact details relating to the sponsored migrants. Employers must also inform the UKBA if the employment ends, if the sponsorship ceases, if there are significant changes in the migrant’s job or salary (other than usual pay reviews) or if they suspect that the migrant is breaching immigration conditions. Failure to do so may result in an employer having their licence revoked indefinitely.
For further information contact David Seals on 01737 854573 or email david.seals@morrlaw.com.
