New Immigration Points-Based System To Replace Work Permits

The Work Permit regime is being phased out during 2008 and 2009

and a new Points Based System ("PBS") is being gradually

introduced. Changes to Tier 1 (highly skilled workers) have already

taken place and the Tier 2 (skilled workers) system will be

changing in November 2008. Until November 2008, the current Work

Permit regime continues in force, including the provisions

regarding Work Permit extensions.

From November 2008, organisations will need to be registered as

sponsors to bring in a skilled migrant worker from overseas under

Tier 2. Registered sponsors will be able to issue electronic

Certificates of Sponsorship to migrant workers, who will then use

the Certificates of Sponsorship to support their applications for

entry clearance (if outside the UK) or leave to remain (if in the

UK). Responsibility for ensuring that Certificates of Sponsorship

are only issued to migrants who will come to the UK and do their

job, without getting involved in unlawful activity (e.g. terrorism)

is placed firmly on the sponsor. Sponsors will risk losing their

licences if they do not comply with the required procedures and

safeguards.

Employers must apply to register as a licensed sponsor and be

included on the Register of Sponsors in order to be able to issue

Certificates of Sponsorship. The Border Agency ("BA") is

currently accepting applications for sponsorship licences in

advance of the commencement of the new Tier 2 regime in November

2008.

Applications must be submitted electronically, with a hard copy

and certified copies of the various required supporting documents

being sent to the BA within 10 working days of the electronic

application. A fee of £1,000 (or £300 for small

organisations) must also be paid.

The BA will consider the application and may award a

Sponsor's Licence permitting the employer to issue up to a

stated maximum number of Certificates of Sponsorship. As part of

the process, the BA will review the organisation's Human

Resources policies and procedures to ensure that they are robust

and compliant.

Licences will last for 4 years and will be issued in two

categories: A and B. Sponsors awarded B licences will also be

required to take specified steps within a stated timeframe in order

to qualify as an A licensee. Essentially, B licences will be issued

in cases where an applicant cannot satisfy the BA that they qualify

for an A licence. This may be the case where, for example, the BA

has concerns about an applicant's previous failures to...