Immigration for Business
Notice to all existing clients of Vincent Buffoni and Co and newcomers to our site.
Please note that the Principal of this practice, Dhruti Thakrar, has been appointed as a Partner to set up a new Immigration Department at a firm called Edwin Coe LLP (address as below -a Top 200 Law Firm), together with two of her other colleagues Jahanara and Christine. We will be moving over to our new firm on 11 November 2013 which is based near Chancery Lane. This is exciting news for us and we do hope that we can continue our relationship at Edwin Coe.
Edwin Coe LLP
2 Stone Buildings
Lincolns Inn
London WC2A 3T
Tel 0207 691 4137
Our email address at Vincent Buffoni and Co will remain active for the time being and my email address after 11th November 2013 will be dhruti.thakrar@edwincoe.com. Edwin Coe LLP is a Top 200 Law Firm who provide a wide variety of legal services and our new colleagues there will be happy to assist you in any other legal matters that may arise in the future. You may view their website at http://www.edwincoe.com/.
Tier 2 - For Sponsored Skilled Workers
Tier 2, for sponsored skilled workers was launched in November 2008.Under this Tier an employer can sponsor an overseas skilled worker provided the employer has a license to sponsor. The information below sets out the basic requirements for applying to get onto the Sponsors Register.
Application to Join the Register
- An application to join the Sponsors Register must be made on the prescribed form. The fee for applying is £1000 for larger companies and 300 pounds for smaller companies (as defined by the Company’s Act). If your application is accepted you will be granted a License to sponsor migrant workers which will be valid for four years.
- The application has to be made online and within 10 days of making the application you must submit the requisite supporting documentation
- The documents which you submit must be either originals or certified copies.
Documents to be filed in support of an Application to join the Sponsors Register
Set out below are examples of some of the documents which would need to be filed however the list is not exhaustive and if you are intending to make an application to join the Sponsors Register we would recommend that you seek specific advice from us so that we can give you comprehensive advice as to the documents which you will need to submit depending on the type of business you carry out.
If you are a private limited company or a sole trader or a partnership you will need to file:
- Registration with a Governing Body if as an organisation you are required to be registered under UK legislation in order to operate legally.
- Employers Liability Insurance Certificate from an authorized insurer under the Financial Services and Markets Act 2000 for at least 5 million pounds.
- Latest audited annual accounts. The Accountant should be a member of an accredited accounting body such as CIMA, CIPFA, ACCA, ACA etc.
- Latest self assessment tax return to HM Revenue & Customs.
- Evidence of registration with HM Revenue & Customs as an employer to pay PAYE and national insurance. Provide proof of PAYE reference number and Accounts Office Reference number.
- Certificate of VAT registration if turnover is in excess of £64000.
- Latest business bank statement along with a letter from the Bank setting out the dealings it has had with the organization including the nature and duration of its dealings.
For hotel/catering establishments it is necessary in addition to provide
- copy authorized planning use e.g.A3 (Restaurants/Café),A4 (Pubs/Bars),A5(Hot food/Takeaways),C1 (Hotels)
- Restaurant license issued by the local authority
- License for premises to serve alcohol (if applicable)
- Food hygiene certificate
- If you are a company listed on the stock market or the AIM then in addition you will need to provide proof of listing http://www.londonstockexchange.com
There are some circumstances in which an application will definitely be refused
- such as where you fail to provide sufficient supporting documents, or where forged/not genuine documents have been submitted, or where you have been convicted of an immigration offence in the past.
The above list is not exhaustive but is simply an example of types of reasons why applications may be refused.
There are further circumstances where an application may be refused but not definitely such as:
- where you have a record of poor dealing/non compliance with the UK Border Agency/Work Permits UK in the past.
- Or where you have previously refused or failed to provide requested evidence.
- Or where the UK Border Agency has information that you do not have all necessary legal procedures and processes in place in the running of your business.
In the above circumstances the application will either be refused or if the application is approved it is likely that you will only get a B rating rather than an A rating.
“A” Ratings and “B” Ratings as a Sponsor
In deciding whether to grant a Sponsor License and whether to give you an A or a B rating the UK Border Agency will consider a number of factors including the following:
A. Your HR systems and compliance systems.
If you meet all of the criteria laid down by UK Border Agency you will be given an A rating.
If you only meet the criteria in HR systems or compliance and there are no other reasons for refusing you will be B rated.
If you do not meet any of the criteria for either HR systems or compliance then your application will be refused.
B. How UK Border Agency will rate compliance
Full compliance is where you have no historical record of any non compliance in the past dealings with Work Permits UK
Partial compliance would involve situations such as where you did not inform Work Permits UK of technical changes of employment or where the actual job or salary for the existing migrant worker does not reflect those declared on the work permit application but the Sponsor is able to offer a reasonable explanation.
Non compliance would involve situations where previous work permit applications have been refused or withdrawn on the grounds that that the facilities of the business are insufficient to accommodate migrant workers.
In addition where the Sponsor has provided false information or where the actual job or salary for the existing migrant worker does not reflect those declared on the work permit application and you are not able to offer a reasonable explanation.
Or where you have a record of failure to cooperate with Work Permits UK or where there have been serious breaches of the work permit arrangements.
Or where there is a level of abuse high enough for a significant number of work permits to be withdrawn.
C. Rights of appeal
If your application is refused or you are given a B rating there is no right of appeal.
You can however reapply for a License.
B rated sponsors must implement a time limited (usually 3 months) action plan to gain A rated status or otherwise you will lose your license.
Computer Based Sponsor Management System
The Sponsor will have a multi function facility to undertake day to day activities under Points Based Scheme
Access is by user Login ID and password
Sponsor will appoint their own Representative users
Two user level roles defined as Level 1 and Level 2.
You are only allowed one Level 1 representative (who is the main and most important representative) but there is no limit on the number of Level 2 users which you can have.
The Level 1 representative will be assessed during the Sponsor License Application and granted access rights
The Level 1 user will be the only person who can update organization details, apply for license renewal, withdraw sponsorship of migrant, withdraw license.
The Level 2 representative will be able to report migrant activity, track migrant applications and assign certificates of sponsorship.
A Certificate of Sponsorship is a virtual certificate. It has a unique reference number. The Sponsor Management System allows for group and batch Certificate of Sponsorship allocations.
Sponsorship Duties
8. You have a duty as a Sponsor to prevent abuse of the assessment procedures.
You must capture any migrant behavioral patterns that are of concern to UK Border Agency.
You are responsible to monitor in accordance with immigration rules (including prevention of illegal working).
Record Keeping
You will be responsible for keeping a photocopy or electronic copy of the migrant’s passport or UK immigration status document.
You will also be responsible for keeping the migrant’s up to date contact details such as address, telephone number, mobile telephone number.
Once ID cards are implemented you will be responsible for keeping a copy of the migrant’s ID card.
You will also be responsible for reporting any of the following events:
If migrant does not turn up for work or enroll on their course within 10 working days.
If migrant is absent from work or study for over 10 working days
If migrant’s studies or contract of employment ends.
If you stop sponsoring the migrant. For example if the migrant moves to Tier 1 of the Points Based System(similar to the old highly skilled migrant’s programme)
If there are significant changes to the sponsorship circumstances e.g. change of job or salary
If the Sponsor has suspicions that the migrant is breaching the conditions of his leave.
Any significant changes to the sponsor’s status e.g. if the sponsor stops trading or becomes insolvent or substantially changes the nature of his business
Details of any third party that helped in the recruitment of employees or students
Compliance
You must ensure that the migrant is legally allowed to do the job and has the registration or professional accreditation where needed (with copies of any documentation to support this
You must ensure that you do not employ someone whose immigration status does not allow them to do the job which you are applying for
You must ensure that Certificates of Sponsorship are only issued to migrants who, to the best of your knowledge, meet the requirements of the tier of category that they are applying under (e.g.Tier2 or Tier 5).
Key Personnel
The AUTHORISING OFFICER is responsible for the activities of anyone acting on the organization’s behalf to issue Certificates of Sponsorship.
He/she is the key point of contact between the organisation and the UK Border agency.
He/she may or may not be the Level 1 user.
There can only be one Level 1 user. Once logged on the Level 1 user can set up a structure of users to manage the allocation of the Certificates of Sponsorship.
Level 1 users can apply and assign certificates of sponsorship to migrants as well as change some sponsor details and report migrant activity.
Sponsorship
When issuing a certificate of sponsorship the sponsor is pledging that the job meets the requirements of the Points Based system.i.e.job is at NVQ 3 plus and pay will be at market rate.
Migrant is able and intends to do the job in question and the Sponsor has carried out the resident labour market test by advertising first within the EU to see whether anybody is able to do the job from within the EU.
Or the job is on the list of shortage occupations as defined by MAC (The Migration Advisory Committee)
Or the sponsored migrant qualifies as an intra company transfer.
In terms of advertising requirements for the purpose of testing the resident labour market the Sponsor must have advertised the job in Jobcentre Plus or as agreed in a sector specific code of Practice. The job must be advertised for at least two weeks.
IMPORTANT NOTE
Employers must now keep very detailed records and can be audited by UKBA at any stage. Moreover, there are circumstances in which UKBA imposes an obligation on employers and managers to notify them of any breach of the immigration rules by an employee. Fines of up to £10,000 can be imposed against the corporate body or its managers for any breach of the regulations.
The Government’s objective in introducing this system was to shift the emphasis from Work Permits UK to the employer. When issuing Certificates of Sponsorship employers have ensure they comply with all the rules so in effect they are now the gatekeepers of the UK’s new immigration system with significant penalties if they abuse the system, or even just get it wrong.
Therefore the new PBS Tier 2 can be minefield for employers. We highly recommend that any business seeking to obtain a licence, or to issue a Certificate of Sponsorship to a prospective employee, takes legal advice before doing so.
Skilled Workers Pass Mark Under Tier 2 of the Points Based System
In order to qualify to come to the UK the migrant needs to score not less than 70 points.
Points can be gained in the following categories
Attributes of the Migrant
A minimum of 50 points needs to be scored based on the attributes of the migrant.
If the job is a shortage occupation job then the migrant will score 50 points (provided that he/she has the necessary attributes to carry out the shortage occupation)
If the job has been advertised in the resident labour market and there is nobody available to do the job within the EU the migrant will score 30 points.
If the migrant has qualifications at NVQ level 3 then he will score 5 points.
If the migrant has a bachelors or masters degree he will score 10 points.
If his prospective earnings are between £17000 to £19999 he will score 5 points; between £20000 to £21999 he will score 10 points; between £22000 to £23999 he will score 15 points; and for £24000 plus he will score 20 points.
Maintenance Requirement
Applicants will need to show that they have a minimum of £800 in funds to support themselves when they first arrive in the UK and for each dependant they need to show that they have a further £533.28.
Competence in English
All migrants need to show they can speak and understand English at a basic level equivalent to A1 of the Council of Europe scale.
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For Individuals
If you are looking for information and guidance on UK Immigration for Individuals please follow the link.
Get in Touch
Contact us to see how we can help you.
Tier System
Tier 1 - Entrepreneur / Investors
Tier 2 - For Sponsored Skilled Workers
It should be noted that as legal representatives we cannot present Tier 4 applications ourselves as the applicant needs to be present at the Border Agency to provide their biometrics.
