The UK Border Agency is now part way through introducing the Points-Based System (the PBS), details of which we provided in our article on the 3 of June. The launch date for Tier 2 of the PBS, which will replace the work permit scheme, is now set for the third week in November 2008. 

The UK Border Agency has announced that applications submitted by 1 October 2008 will be processed in time for the launch date of Tier 2. However, very few organisations have to-date registered to become Sponsors. We therefore expect a surge of applications in the run up to the launch date which could ultimately result in delays for employers.

In the last few weeks the UK Border Agency has continued to amend and issue additional guidance for employers. Most recently the UK Border Agency has released new guidance about sponsorship applications as well as very detailed guidance concerning the HR systems which a prospective Sponsor should have in place prior to the submission of the application. This is in addition to the steps which HR teams should be taking which we mentioned in our previous article.

HR Systems

In summary, the prospective Sponsor must be able to demonstrate HR systems in the following areas:

Area 1 – monitoring immigration status and preventing illegal employment

The prospective employer must be able to show that they:

·         Know the expiry dates of their migrant employees’ limited leave to remain;

·         Have an effective system in place to provide alerts prior to the expiry of the employees’ leave; and

·         Can demonstrate that they have conducted the right to work checks in accordance with Section 15 of the Immigration, Nationality and Asylum Act 2006.

Area 2 – maintaining migration contact details

The employer must be able to demonstrate that:

·         That there is an obligation in the contracts of employment and/or handbook requiring the migrant to provide their up-to-date contact details; and

·         The employer regularly updates these details.

 Area 3 – record keeping

The employer will need to demonstrate that they:

·         They know when a migrant employee is absent; and

·         They have processes in place to alert HR of a migrant’s absences.

Area 5 – recruitment practices and professional accreditations

The employer will need to demonstrate that they keep copies of registrations and professional accreditations (as legally required) and there is a procedure in place to renew and update these as and when needed.

More Work for HR Teams

For HR teams struggling to cope with the sponsorship application process, this is yet another wave of guidance which needs to be considered and implemented prior to the submission of the application. Failure to implement the guidance could result in an application being refused.