Earlier this week, it was announced that new UK immigration measures will be introduced by the government to "ensure the UK economy remains strong and skilled migrants who are offered positions in the UK fill genuinely needed skills shortages".

The changes mean that, starting from next year, all jobs must be advertised to British workers in Jobcentre Plus for four weeks before companies can seek to employ individuals from outside Europe; an increase of two weeks on the previous requirement.

While the changes are part of a wider overhaul designed to improve the UK's ability to quickly adjust the immigration stream according to changing economic circumstances, I have a few concerns that this new rule will do just the opposite.

The immediate effect that I can assume the Home Office is anticipating is that UK employers will be forced to invest far more time and effort in trying to find skilled candidates from within the resident labour market, as opposed to directly sourcing workers from abroad.

However, the rigid nature of the changes means that even employers looking for very specific workers will still have to go through the 4 week recruitment process. If an employer already knows that workers with a certain skill-set are not available locally, the new requirements will just cost the employer and result in the vacancy remaining unfilled for longer.

The impact of this new legislation on a company could be significant, as they will be forced to delay a new hire for the sake of a formality. In an already unstable and unsure economy, this seems counter-productive to the needs of many British businesses.

The best advice I can give for UK businesses looking to hire non-British workers is to ensure that they have every other aspect of the migration process set and ready, to best avoid any delays. 

The first step for a work permit sponsor should be that they have their employer sponsorship licence in place, as without this, a UK company is unable to hire workers from outside the EU.

- Marissa Murdock is Casework Department Manager for the UK Visa Bureau.

©Visa Bureau 2003-2009

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

It's been 10 months since the introduction of the Employer Sponsorship Licence as part of the UK work permit sponsor process. Since November 2008, the UK Border Agency made it a requirement that every employer looking to bring in new non-EU migrant workers to the UK OR extend the work permit of current employees MUST have a valid and current employer sponsorship licence.

For more information on the application process, download the sponsorship licence information PDF or check the FAQ below. If you have any questions or want to proceed with an application, call a member of our licensing team directly on 0800 043 0711.

How has the employer sponsorship licence changed since its introduction? 

While the licence and eligibility criteria have remained the same, I'm happy to report that processing times are much faster than expected, with current timeframes standing at 1 to 3 months (as opposed to the 6 months initially stated by the UK Border Agency).

How does a company qualify for an employer sponsorship licence? 

To qualify for a licence, organisations must complete an online application, making sure to provide all supporting documentation and meet the necessary evidentiary requirements. This MUST be supplied within ten days of the initial application.

Please note: Failure to submit all required documents could result in a company’s application being delayed and further costs being incurred. Following the receipt of these documents, the company will then be subject to a compliance visit from the UK Border Agency, who will verify whether or not to grant the licence. Companies will also be required to comply with the illegal working requirements. 

What are the illegal working requirements and how do they affect a UK work permit sponsor?

The illegal working requirements state that all non-EU employees are required to provide documentation that proves their right to work BEFORE being employed by a UK company, and copies of this information must also be retained by the employer.

Employers and UK work permit sponsors who fail to keep the requisite information on all non-EU employers can be served with penalty notices, unless the employee has valid and subsisting leave to be in the UK, and that leave does not restrict them from being employed by the company. 

What are the penalties for a UK work permit sponsor that does not have an employer sponsorship licence?

Companies without an employer sponsorship licence will be unable to bring in new non-EU migrant workers to the UK or extend the work permits of current employees. Any non-EU employees they hire will be considered illegal workers, with the maximum level of penalty being a fine of £10,000 per employee and up to two years imprisonment. 

The information package is a great first step for any employer looking to apply for an employer sponsorship licence, and explains the service that the UK Visa Bureau provides. We recommend that any UK employer of non-EU migrants read the document in full (as well as any supplementary information on employer sponsorship requirements on our website), and then call a member of our licensing team directly on 0800 043 0711.

- Marissa Murdock is the Casework Department Manager for the UK Visa Bureau. To contact the UK Visa Bureau, call 0800 043 7011 or complete a UK visa application.

©Visa Bureau 2003-2009

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

If you're a UK employer that employs non-EU migrant workers, then time is running out!

Simply put, you're required to have an Employer Sponsorship Licence by November 1, 2008. and companies without an employer sponsorship licence by that date will be unable to bring in new non-EU migrant workers to the UK or extend the work permits of current employees.

What's more, the new requirements also shift a lot of the burden of responsibility from the Home Office to the employers. In fact, businesses in the UK will now be responsible for:

• Ensuring that they are licensed to hire migrants and comply with current immigration regulations;
• Issuing certificates to foreign workers to allow the worker to apply for entry clearance to the UK; AND
• Ensuring that any foreign workers employed by the business are fully compliant with UK immigration law.

To better explain the changes, we've put together the Employer Sponsorship Licence Information Package.

The information package is a great first step for any employer looking to apply for an employer sponsorship licence, and explains the service that the UK Visa Bureau provides. We recommend that any UK employer of non-EU migrants read the document in full (as well as any supplementary information on employer sponsorship requirements on our website), and then call a member of our licensing team directly on 0800 043 0711.

- Marissa Murdock is the Casework Department Manager for the UK Visa Bureau. To contact the UK Visa Bureau, call 0800 043 7011 or complete a UK visa application.

©Visa Bureau 2003-2009

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

As we organise ourselves for the next wave of UK immigration changes to take effect, there's some worry that the people who will be most affected by the introduction of Tier 2 are also the ones least prepared.

I say this after I saw some alarming reports that stated by mid-August, there were still only 170 employers that had applied for a sponsorship licence. While I'm sure that this figure has gone up since then (especially with the recent television campaign launched by the UK Border Agency), it's vital that UK employers looking to employ non-EU migrants understand the preparations they need to make. A sponsorship licence is essential for any employer looking to hire migrants under the new Tier 2 system.

I'm not alone in my concern, as the Home Office is worried that a mad flurry of late applications for sponsorship licences will have a bottleneck effect and cause disruption to the skilled migration program.

UK business owners have been warned by the Home Office that their sponsorship licence applications must be received no later than October 1.  Employers without a sponsorship licence will be heavily penalised if they hire illegal workers and will be banned from employing workers from outside the EEA if caught doing so.

Bearing in mind these severe penalties for non-compliance, I think it should be evident just how vital it is for all employers and educational establishments to comply with the requirements of sponsorship. Simply put, if you enrol or employ any non-EU citizen who does not have settled status in the UK, then you are legally entitled to have a sponsorship licence.

As a UK immigration law specialist, I can provide assistance in successfully applying for the initial licence, as well as the ongoing compliance requirements for employers and educational establishments. However, as the deadline fast approaches, I worry that there could be a lot of disappointed employers and migrants alike come October 1.

- Marissa Murdock is the Casework Department Manager for the UK Visa BUreau. To contact the UK Visa Bureau, call 0800 043 7011 or complete a UK visa application.

©Visa Bureau 2003-2009

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.