Member Article

As reported in our September WortHReading, if you want to employ workers from outside the Economic European Area or Switzerland ("migrants") after 27 November don't forget that the new points-based immigration system will be up and running and you will need to become a licensed sponsor to do so.

An employer without a sponsorship licence, but which employs migrants, will be acting illegally.

Employing an illegal worker is punishable as a civil offence and employers may be ordered to pay a penalty of up to £10,000 per illegal worker. Knowingly employing a migrant worker is a criminal offence punishable by an unlimited fine and/or up to two years in prison. It is therefore crucial that businesses and other organisations are fully up-to-speed with the new system.

The new system is being hailed as immigration's biggest shake-up for 45 years. Two tiers of the new Australian-style points-based system come into force on 27 November: Tier 2 covers skilled migrants with job offers who come to the UK to fill a gap in the labour market, and will replace the existing work permit scheme.

Tier 5 replaces various schemes, such as the working holiday visa, and will apply to all those travelling temporarily to the UK primarily for non-economic reasons.

Migrant workers applying under any tier (except Tier 1) will need to be sponsored in order for their application to be successful.

Companies acquiring migrant workers following a merger or under Transfer of Undertakings (Protection of Employment) Regulations (TUPE) will have to apply for a sponsorship licence within 28 days.

A sponsorship licence is renewable every four years and there are various on-going notification obligations with which licence holders have to comply.

 

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