Immigration update

There have been several recent changes to immigration legislation. The major issues are as follows:

Immigration Limits: PBS Tier 1 and Tier 2

• The Secretary of State for the Home Department has indicated that a new limit to Tier 1 (highly skilled) and Tier 2 (skilled workers with a job offer) will be applied from April 2011. The proposed cap will mean a decrease in the numbers of these migrants of 20% when compared with last year’s figures.
• The new limits will principally be applied to the Tier 1 category (highly skilled workers who do not need a sponsor or job offer in the UK before travelling here). It is thought that the Tier 1 highly skilled category may effectively close as a result of the proposed changes.
• Tier 2 “ICT” transferred workers will not be included in the quota, however they will need to earn more than £40,000 to qualify to stay in the UK for longer than 12 months.
• The proposed changes are likely to cause difficulty for many employers who rely on specialist qualified overseas staff to fill gaps in the resident labour skills set.

Illegal Working:

• Employers need to be aware that the UK Border Agency is currently very active in raiding business premises to check for illegal workers.
• It is essential to check that all employees have the right to work in the UK before they start work, to ensure the protection of the “statutory excuse” against civil penalty fines of up to £10,000 per worker. Criminal prosecution for employing illegal workers is also a possibility in these circumstances.
• The guidance relating to the necessary document checks is being regularly updated at the moment, and needs to be checked frequently to ensure compliance with the law.

Proposed Changes to Student Immigration:

• The Government is launching a public consultation with a view to phasing out student entry into the UK for applicants below degree level.
• It is also proposed that the “Post Study Work” category (whereby students can stay on and work in the UK after passing their degrees) will close. 
• The proposals also highlight intentions to raise the standard of English students must reach before coming to study in the UK, and to monitor their academic progress more closely whilst they are studying here. 
• Following recent changes to some students’ permitted hours of work, students’ right to work is to be restricted further, as is their right to bring in their dependants to the UK.
• Colleges will be required to achieve compliance with a more rigorous accreditation procedure, and will be subject to a more stringent inspection regime.

Whatever the outcome of the consultation process, the overall impact of the proposed changes is likely to affect employers and educational establishments in the number of overseas employees and students they are able to sponsor.

Employers need to take particular care to ensure that they keep careful records of their recruitment processes (including job advertisements) to prove that they are compliant with UKBA requirements. If a Sponsor Licence has been granted to a business by UKBA, they have clearly signalled that they intend to monitor the way the licence is run by the employer, and that they will suspend and terminate licences if they consider this to be appropriate.

Similarly, if licensed colleges and other educational establishments do not keep meticulous records and achieve full compliance with UKBA requirements, they are likely to forfeit their licences.

In both cases, if licences are forfeited, all employees and students sponsored by these businesses will lose their right to work or study in the UK, as they will no longer have a licensed sponsor, and will be required to leave the UK.

If you have immigration issues you need to discuss, then call Miranda Leate on 01206 217356 or email [email protected]