Information for Employers

Are you employing staff from outside the EU?

From 29^th February 2009, the new Points Based System was introduced in the UK to overhaul the existing immigration system.  As a result of these changes, all companies who wish to employ migrant workers outside of the EU are now required to join the Immigration Sponsor Register and apply for a licence to sponsor all overseas staff.  This ensures that you will now be able to apply on an individual basis for leave to enter for each of your migrant workers.

What is the Sponsor Licence?

The sponsor licence entitles a UK employer to recruit and employ overseas staff.  It is valid for 3 years and it requires the sponsor to be responsible for a number of duties which include:

• Keeping records of each migrant employee’s passport, visa documentation and personal details.

• Informing the UK Border Agency of any changes in employment or circumstances or if the migrant worker fails to turn up for work.

Sponsor Duties

For more information on your duties as a sponsor, please visit the following link:

http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/sponsorshipduties/

How do I qualify for the Sponsor Licence?

To qualify for a licence, organisations must complete an online application and ensure all relevant documentation is provided within a 10 day period.

If required documentation is not submitted within, your application may be delayed and you run the risk of further costs being incurred.

What are the legal Working Requirements?

These requirements state that all non-EU employees are required to provide documentation that proves their right to work before being employed by a UK company and copies of this information must be retained by the employer.

What are the penalties for companies who do not have a Sponsorship Licence?

Companies who fail to obtain this licence will be unable to employ non-EU workers from overseas or extend the work permits of current employees.  If they do hire workers without this licence, they will be considered illegal workers.

What are the penalties for illegally employing migrant workers?

The penalty regime consists of a civil penalty for employers who employ illegal migrant workers without the correct Sponsor Licence.  This will result in a penalty of a fine up to £10,000 per employee and up to two years imprisonment.

We will as standard:

• Meet you to take instructions at a time and place convenient to you
• Advise on the requirements to be met by both the employer and the potential employee
• Conduct an audit of your HR systems, to ensure that you meet the standards required by the UKBA
• Advise on the supporting documentation which needs to be submitted with the application, and collate those documents to support the application
• Assist you to complete the online application form

In addition, we can also:

• Advise and assist with meeting the advertising requirements
• Assist your prospective employee with the application for entry clearance

For more information on applying for a sponsor licence, please contact our Immigration advisors.