What you need to know about sponsoring migrant workers from outside Europe
20 November 2012
The UK Border Agency Agency's recent decision to deprive London Metropolitan University of its “Highly Trusted Sponsor” status has highlighted the the importance of organisations adhering to their sponsorship duties.
Tue, 20 Nov 2012 | Richard Nicolle, partner SNR Denton UK
The UK Border Agency Agency's recent decision to deprive London Metropolitan University of its “Highly Trusted Sponsor” status has highlighted the importance of organisations adhering to their sponsorship duties. Due to London Metropolitan University losing its licence, around 2,600 students face deportation if they are unable to find an alternative sponsor.
The sponsorship duties for employers are slightly different to those of education providers, but the outcome of failing to comply is the same. If you are non-compliant you could lose your sponsor licence resulting in your employees losing the right to remain in the UK.
Employing migrant workers
Employers have a duty to prevent illegal working. This means they must identify potential employees who require permission to work in the UK and undertake prescribed document checks before and during employment. Failure to do so could result in criminal and civil penalties including fines of up to £10,000 for each illegal worker and even imprisonment.
Certain categories of migrants are able to work in the UK without permission; for example, those who have indefinite leave to remain in the UK and nationals from the European Economic Area.
Unless a foreign national falls within a suitable category, they will need to get immigration permission to work in the UK under one of the five tiers of the points-based system:
Tier 1: entrepreneurs, investors and exceptional talent;
Tier 2: skilled migrants with job offers who are coming to the UK to fill a gap in the labour market;
Tier 3: low-skilled migrants recruited to fill a specific temporary labour shortage (this category has not been introduced);
Tier 4: students; and
Tier 5: temporary workers and migrants under the youth mobility scheme.
Employers need to get a UKBA sponsor licence and become registered sponsors before employing a migrant worker under Tier 2 or Tier 5.
Getting a sponsor licence
To get a sponsor licence, you need to register with the UKBA and file an online application form. You will need to prove that you are a genuine employer based in and working lawfully in the UK and that you are able to comply with employment and immigration law and good practice. You will also need to agree to take on record-keeping and reporting duties, as outlined below. Sponsor licences have to be renewed every four years and cannot be transferred between companies, even if the sponsored employees transfer, for example, because of a TUPE transfer.
Responsibilities as a sponsor
In applying for a sponsor licence, you agree to undertake the following duties:
- to check immigration status and prevent illegal working by assessing individuals’ right to work before they start, by checking original immigration documents and keeping copies on file;
- to keep up-to-date contact details for migrants and save their historic contact details;
- to keep certain records to do with the migrant’s employment (e.g. job advertisement, contract of employment, record of absences) and to ensure that full personnel files are kept;
- to report to the UKBA within 10 days of certain events occurring, e.g. the migrant not turning up for their first day of work, being absent for more than 10 working days without permission or being dismissed.
If you do not comply with your sponsoring duties, UKBA could revoke your sponsor licence, meaning that your sponsored employees would no longer have permission to work in the UK and could be deported, like the London Met students. If this happens you would need to dismiss these workers or risk penalties for employing migrant workers illegally.
The UK Border Agency Agency's recent decision to deprive London Metropolitan University of its “Highly Trusted Sponsor” status has highlighted the importance of organisations adhering to their sponsorship duties. Due to London Metropolitan University losing its licence, around 2,600 students face deportation if they are unable to find an alternative sponsor.
The sponsorship duties for employers are slightly different to those of education providers, but the outcome of failing to comply is the same. If you are non-compliant you could lose your sponsor licence resulting in your employees losing the right to remain in the UK.
Employing migrant workers
Employers have a duty to prevent illegal working. This means they must identify potential employees who require permission to work in the UK and undertake prescribed document checks before and during employment. Failure to do so could result in criminal and civil penalties including fines of up to £10,000 for each illegal worker and even imprisonment.
Certain categories of migrants are able to work in the UK without permission; for example, those who have indefinite leave to remain in the UK and nationals from the European Economic Area.
Unless a foreign national falls within a suitable category, they will need to get immigration permission to work in the UK under one of the five tiers of the points-based system:
Tier 1: entrepreneurs, investors and exceptional talent;
Tier 2: skilled migrants with job offers who are coming to the UK to fill a gap in the labour market;
Tier 3: low-skilled migrants recruited to fill a specific temporary labour shortage (this category has not been introduced);
Tier 4: students; and
Tier 5: temporary workers and migrants under the youth mobility scheme.
Employers need to get a UKBA sponsor licence and become registered sponsors before employing a migrant worker under Tier 2 or Tier 5.
Getting a sponsor licence
To get a sponsor licence, you need to register with the UKBA and file an online application form. You will need to prove that you are a genuine employer based in and working lawfully in the UK and that you are able to comply with employment and immigration law and good practice. You will also need to agree to take on record-keeping and reporting duties, as outlined below. Sponsor licences have to be renewed every four years and cannot be transferred between companies, even if the sponsored employees transfer, for example, because of a TUPE transfer.
Responsibilities as a sponsor
In applying for a sponsor licence, you agree to undertake the following duties:
- to check immigration status and prevent illegal working by assessing individuals’ right to work before they start, by checking original immigration documents and keeping copies on file;
- to keep up-to-date contact details for migrants and save their historic contact details;
- to keep certain records to do with the migrant’s employment (e.g. job advertisement, contract of employment, record of absences) and to ensure that full personnel files are kept;
- to report to the UKBA within 10 days of certain events occurring, e.g. the migrant not turning up for their first day of work, being absent for more than 10 working days without permission or being dismissed.
If you do not comply with your sponsoring duties, UKBA could revoke your sponsor licence, meaning that your sponsored employees would no longer have permission to work in the UK and could be deported, like the London Met students. If this happens you would need to dismiss these workers or risk penalties for employing migrant workers illegally.
