Vital to keep up with immigration law

12:31pm Tuesday 4th March 2008

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BUSINESS immigration law is changing - so employers must be aware of the key alterations when recruiting nonEuropean Economic Area nationals.

The changes will affect 80 current work and study immigration categories.

Following these changes employers will have a very significant increase in responsibility for managing non-EEA employees, with a new system of penalties being introduced for non-compliance.

If you are a business owner, HR director/manager or involved in the recruitment or management of non-EEA nationals, keep up to date.

The new system will operate on a five-tier structure and will have significant impact on those companies proposing to make new work permit applications and/or extension applications, as they will need to apply to be licensed as a sponsor and have various ongoing obligations if they wish to maintain their licence.

Tier 1 (which includes highly skilled migrants such as scientists and entrepreneurs) is likely to be implemented this month and will replace the Highly Skilled Migrant Programme (HSMP).

Tier 2 will cover skilled workers with a job offer and Tier 5 youth mobility and temporary workers. They are scheduled to come in to force in August 2008. Tier 4, for students, will follow at the beginning of 2009.

For each tier, applicants will need sufficient points to obtain entry or leave to remain in the UK.

Points will be awarded to reflect aptitude, experience, age and also the level of need in any given sector, the intention being to allow the UK to respond flexibly to changes in the labour market.

All but the most highly skilled immigrants will require a sponsor (normally their employer) who will be responsible for ensuring that a migrant worker complies with the rules of their entry to the UK and returns home at the end of their stay.

The recently established Migration Advisory Committee will advise the Government on where migration might sensibly fill skills gaps in the economy and provide advice on what should be deemed the shortage occupations.

The Government has published a Statement of Intent for sponsorship under the points based system.

This will apply to migrants other than nationals of the European Economic Area and those in Tier 1.

When the new licensed sponsor system is implemented, a licence will be needed to bring migrants to the UK.

Employers are required to notify the agency if a foreign worker fails to comply with their immigration conditions, such as failing to show up for work.

No one will be granted a licence without being approved in advance by the Border and Immigration Agency A migrant coming to the UK under Tiers 2 through to 5 will be issued a certificate of sponsorship by their employer or educational institution which they must present to immigration authorities when they apply for their visa.

However, the certificate of sponsorship is not a guarantee that the visa will be granted, migrants must still pass the relevant points test for their Tier.

Under the new system of civil penalties, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison.

If you haven't done so already, now is the time to get practical guidance on the steps you need to take to ensure you are prepared for the implementation of the new system. As the new sponsorship rules place extra responsibilities on the employer, businesses will have to take this into account before recruiting from abroad.

• Neil is a partner of Crombie Wilkinson, York.