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UK immigration specialist Barrister

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PBS - Sponsorship licence

 

GETTING REGISTERED FOR SPONSOR LICENCE

 

Before you are able to register the UK Border Agency (UKBA) will want to ensure that you meet the requirements to be licensed.

 

To do so, the UKBA will carry out an audit to rank the human resource systems that you have in place to ensure compliance with the immigration rules/Law.

 

When determining whether to give a sponsor an A rating or B rating, or whether to refuse or withdraw a licence, the UKBA will apply specific standards. The UKBA will check that your systems and processes will enable you to meet your sponsorship duties under PBS and also investigate whether you have previously complied with the work permit arrangements and other immigration Law.

 

The ranking of your Human Resource Systems and compliance will be as follows:

 

- 1 ranking: your systems meet all the criteria;

- 2 ranking: your systems meet some of the criteria;

- 3 ranking: your systems do not meet any of the criteria.

 

A rating will be granted to companies which have shown that they have been historically compliant and have the adequate HR systems in place.

 

B rating will be granted to companies which systems have been given a 2 ranking by the UKBA.

 

It therefore vital that all records be checked and your HR systems updated, if necessary, before the UKBA’s audit take place.

 

As you will only have a few days once you have filed your online application before representatives of the UKBA visit your premises to inspect your records, we recommend that you carry out your checks before filing.

 

ENSURING THE SUCCESSFUL LICENSING OF YOUR ORGANISATION

 

We can assist you to carry out the necessary checks of your current migrant workers with limited leave to remain in the UK and develop the necessary HR systems to ensure future compliance with your relevant duties as a sponsor.

 

For further information on please contact us.

 

SPONSORSHIP DUTIES

 

As a sponsor, the BA expect you to fulfil certain duties to safeguard immigration controls. These duties are:

 

·         record keeping

·         reporting

·         compliance

·         co-operating with the BA

·         tier specific duties.

 

FULL DETAILS OF ALL THE REQUIREMENTS ARE TO BE FOUND IN SECTION C – DUTIES OF A SPONSOR – OF THE BA’S SPONSOR LICENSING GUIDANCE DOCUMENT AVAILABLE ON THE BA’S WEBSITE.

 

RECORD KEEPING

 

Sponsor must keep the following records or documents and be prepared to produce them to the BA’s official if asked:

 

·         a photocopy or electronic copy of each sponsored migrant’s passport, including page(s) showing leave stamps or immigration status document – this must show the migrant’s entitlement to work for the you as a sponsor

·         This must be kept for two years after the migrant is no longer sponsored

·         photocopy of the migrant’s UK biometric card

·         This must be kept for two years after the migrant is no longer sponsored

·         a photocopy of the migrant’s national insurance number, unless the migrant is exempt from requiring one

·         This must be kept for two years after the migrant is no longer sponsored

·         a history of the migrant’s contact details ( UK residential address, telephone number, mobile number) which must be updated regularly

·         This must be kept for the duration the migrant is sponsored.record of the migrant’s absences (for tier 2 and 5 only)

·         This must be kept for the duration the migrant is sponsored.

·         a photocopy of the migrant’s contract of employment

·         This must be kept for the duration the migrant is sponsored.

·         any other document specified in the BA code of practice

·         This must be kept for the duration the migrant is sponsored.

 

Where the sponsor relies on the resident labour market test (for tier 2 and 5 only), photocopy of the advertisement and other relevant documents, such as CV’s received including the names and number of people who applied and the names and number of people who were shortlisted for interview and the notes from the interviews conducted and for each EEA national who applied, reasons why they were not employed.

 

·         This must be kept of the duration the migrant is sponsored.

 

For Intra Company Transfers:

 

·         Evidence that the migrant has worked for the overseas company for 6 months (e.g. payslips).

·         This must be kept of the duration the migrant is sponsored.

·         A photocopy of the applicant’s qualifications to confirm skill level.

·         This must be kept of the duration the migrant is sponsored.

·         Photocopy of the migrant’s payslips, clearly showing the name, NI number, tax code, any allowances paid and reductions made.

·         This must be kept of the duration the migrant is sponsored.

·         A clearly marked copy of wage information based on SOC code for the migrant’s job, used on the certificate of sponsorship from the appropriate source.

·         This must be kept of the duration the migrant is sponsored.

 

BEWARE THIS LIST IS NOT CONCLUSIVE. FOR A FULL LIST PLEASE EITHER CONTACT US OR THE UK BORDER AGENCY

 

REPORTING

 

Sponsor’s reporting under PBS include:

 

·         Absences

·         if the migrant does not turn up for their first day at work, you must report this within 10 working days;

·         if the migrant is absent from work for more than 10 working days, without the sponsor’s granted permission, you must report within 10 working days;

·         if their contract of employment ends (including if they resigned or are dismissed), you must report within 10 working days;

·         if you stop sponsoring them for any other reasons (e.g. they have changed immigration category);

·         if there are any significant changes in the migrant’s circumstances (e.g. change of job or salary ..etc);

·         if you have suspicions that the migrant is breaching the conditions of their leave;

·         if there are any significant changes in the company’s circumstances (e.g. stop trading or become insolvent);

·         details of any third party or intermediary, in the UK or abroad, that helped in the recruitment of employees.

 

For full details of all the reporting requirement please consult Section C – Duties of a sponsor – paragraph 95 (d to e) of the BA sponsor licensing guidance document.

 

COMPLIANCE

 

As a sponsor you must comply with the immigration laws and meet the following obligations:

 

·         you must ensure that the migrant who is joining your organisation is legally allowed to do the job and has the right registration or professional accreditation if and where needed, and keep a copy of the registration document or certificate

·         you must not employ someone whose immigration status does not allow them to do the job they are applying for and you must stop employing someone who is not allowed to work for any reason

·         you must only issue certificates of sponsorship to those who, to the best of your knowledge, meet the BA’s requirements of the tier they are applying under and who are likely to meet the conditions of their permission to enter or stay in the UK .

 

For full details of all the requirements please consult Section C – Duties of a sponsor – paragraph 95 (f) of the BA sponsor licensing guidance document

 

By complying with these duties, sponsor will: 

 

·         prevent abuse of assessment procedures

·         capture early any patterns of migrant behaviour which cause concern

·         address possible weaknesses in their processes which cause those patterns

·         monitor compliance with the immigration rules.

 

If the sponsor fails to comply with any of its duties, it will be down-graded to a B rating or have its licence withdrawn altogether.