Immigration Law

Immigration into the United Kingdom is now a bigger issue than ever and the law is growing to meet the demand. With the recent introduction of whole a new immigration system in the UK it is vital that both immigrant workers and employers know where they stand. Hewetts are happy to advise both potential employers and potential immigrants/employees in negotiating the complicated immigration process, from sponsorship licences through to potential employer liability.

The New Immigration System

The immigration system in the United Kingdom has recently changed, and the 80 plus existing routes to work and study in the UK have now been changed to a five tier points based system, although at present only four of the five tiers are available. 

The points based system is only for migrants from outside the European Economic Area (EEA) and Switzerland. Therefore if you are looking to employ or teach an EEA or Swiss national, you should be able to do this without the need to obtain the permission of the UK Border Agency. There are however some restrictions on nationals of countries that have recently joined the EEA.

Under the new system, migrants will need to pass a points-based assessment before they are given permission to enter or remain in the United Kingdom. The system consists of five tiers, although currently only four are in operation, each tier having different point requirements. The number of points and the way they are awarded will depend on the tier. Points are awarded to reflect the migrant’s ability, experience, age and when appropriate the level of need within the sector the migrant will be working.

The Tiers

Tier 1 – includes highly skilled workers, investors, entrepreneurs and foreign students who have graduated from a United Kingdom university. This tier will not require the migrant to have a specific job offer, but will need them to pass the points-based assessment.

Tier 2 – includes general sponsored workers, ministers of religion, sportspersons and intra company transfers. The migrant will need to have a job offer from a UK-based employer who is prepared to them and that sponsor must have the relevant immigration licenses. The points-based assessment will also need to be passed.

Tier 3 – this category is for temporary short term employment. Again the migrant must have a job offer from a licensed sponsor, a valid certificate of sponsorship and also pass the points-based assessment to be eligible to apply under this category. (This tier is currently suspended and no information is available as to when or if it will be implemented.)

Tier 4 – this category is in reference to students.

Tier 5 – includes youth mobility and temporary workers for example musicians coming to play in a concert.

Migrants applying under any tier except tier 1 will need to be sponsored in order for their application to be successful.

Sponsorship Licences

Employers must apply for a licence if they wish to employ migrant workers under the points-based system and can only issue a certificate of sponsorship once they have a sponsorship licence. Employers must only issue a certificate of sponsorship once they are content the employee fulfils the immigration requirements as to skills and labour market requirements. In exchange for the ability to issue certificates of sponsorship, the sponsor will agree to meet sponsorship duties of record keeping, reporting and compliance. The licence of a sponsor can be withdrawn if the holder does not assist the immigration authority in a number of ways.

Employers’ Liability

It is a criminal offence for an employer to knowingly employ someone who is not permitted to work. Conviction for his offence carries an unlimited fine and/or prison sentence. Also if an employer employs someone who is subject to immigration control and not entitled to undertake the work in question then they could be liable for a civil penalty. Civil penalties can be for up to £10,000 per illegal worker.

Please contact Debbie Sumitra at our offices to arrange an interview.

We offer free initial advice, regardless of whether or not you later wish to instruct us to act for you.