The subject of immigration is
rarely out of the news. Having gained first-hand experience in business immigration
matters while with the top ranked B P Collins LLP employment group, I can see
why.
The rules on immigration are in a
constant state of flux. This year alone, we have seen the introduction of the
Immigration Act 2014, changes to the Immigration Rules and changes to several
of the policy guidelines, to name but a few. How does anyone keep up?
The changes reflect the Government's
tougher stance on immigration as well as a shift of responsibility onto those
who directly benefit from migration, for instance employers and education
providers.
In most circumstances, a business
that wishes to employ workers from outside of the European Economic Area
('EEA') must apply for a sponsor licence.
I have assisted with one of our business
immigration matters from start to finish and soon realised that obtaining a
sponsor licence is not as straight forward as it might seem at first glance.
Our client is the UK branch of a USA parent
company that wished to bring an experienced employee of the USA parent
company into the UK to train its employees.
Before considering an application for a sponsor
licence, we reviewed our client's contracts and handbooks, advised on the
suitability of different visas for its intended migrant worker and assessed whether
the proposed migrant was eligible under the Points Based System ('PBS').
Each type of migrant visa
requires the migrant to meet specific qualifications and remuneration in
accordance with the PBS. After all, there is little point in applying for a
sponsor licence if the intended migrant does not meet the requisite
requirements for the Certificate of Sponsorship (CoS) or the visa application.
After obtaining the sponsor
licence, we advised our client on how to assign a CoS to the USA migrant worker
through the Sponsorship Management System.
As well as advising our client, we also liaised directly
with the USA migrant to ensure all of her paperwork was in order in preparation
for her visa application.
Any inaccuracies could have resulted in our
client's sponsor licence application being rejected or the intended migrant
being unsuccessful. Thankfully,
it all went off without a hitch!
We also advised our client on its continuing responsibilities
as a sponsor licence holder. The home office has powers to downgrade, suspend
and revoke sponsor licences where they believe the employer to be in breach of
the licence conditions.
As recently as 4 September 2014, UK Visa
& Immigration (UKVI) has introduced further guidance on the
responsibilities of those who sponsor migrant workers, with an emphasis on the
repercussions of failing to meet them.
The guidelines reflect changes that were arguably
already in motion. Statistics released on the www.publications.parliament.uk show a 178.4% increase
in Tier 2 and Tier 5 sponsor licence suspensions from the third quarter of 2013
to the fourth quarter.
Sponsor licence holders should take heed of
the recent changes and last year's statistics. It is essential that all licence
holders are aware of their increased responsibility. They must have the
appropriate procedural compliance checks in place to ensure they are successful
in their application for a sponsor licence and to avoid their licence subsequently
being downgraded, suspended or revoked.
Posted by Rebecca Mitchell, trainee in the employment practice group.
Rebecca started her training contract in September 2013 after graduating from Newcastle University with a 2:1 (BA Hons) in History. She undertook the Graduate Diploma in Law at Kaplan Law School and has recently completed the Legal Practice Course with distinction.
