Launch date announced for migrant workers schemes

Earlier this year, the Government began the gradual roll out of a new Points Based Immigration system. This week, the Border and Immigration Minister announced that Tiers 2 and 5 of this system will go live on 27 November 2008.

Tier 2 covers skilled workers with a job offer, including those who previously required a work permit. As such, from 27 November 2008 onwards, the Work Permit Scheme will be replaced by Tier 2 of the Points Based System. Tier 5 covers youth mobility (replacing the working holidaymaker scheme) and temporary workers, for example, musicians coming to play in a concert.

The Points Based System comes as part of an overhaul of the UK's immigration system, thought to be the biggest change in immigration for 45 years. The introduction of Tiers 2 and 5 follows the launch earlier in the year of Tier 1 (covering highly skilled workers, investors, entrepreneurs and post-study categories). Tier 4, which will cover students, is scheduled to go live in March 2009, although this is subject to a number of roll out phases. The introduction of Tier 3, which is intended to cover limited numbers of low skilled workers needed to fill temporary labour shortages, is currently suspended.

The key to all applications, with the exception of Tier 1, is the concept of sponsorship. All employers (and educational institutions once Tier 4 has been introduced) will have to be pre-registered on the UK Border Agency's register of sponsors before they can make any applications to employ non EU skilled labour. This is regardless of whether they have applied for a work permit in the past.

Once on the register, employers (and, in time, educational institutions) will be able to issue certificates of sponsorship (or confirmation of acceptance of studies for students) to migrants. A certificate of sponsorship or confirmation of acceptance of studies will be an essential requirement in support of the migrant's application for entry clearance or leave to remain.

The rationale behind the introduction of sponsorship is to shift first line responsibility of managing non-EEA nationals living, working and studying in the UK to employers or educational institutions who, it is thought, are in a better position to identify any patterns of migrant behaviour which could cause concern and/or breaches of immigration rules at an early stage. To this end, sponsors will have to comply with certain compliance requirements which vary with each tier but include recording, keeping and reporting requirements.

The register of sponsors for employers has been open since February this year. Employers are advised to apply for a sponsor licence online as soon as possible if they have not done so already, particularly if they are intending to employ any non EU skilled labour under Tier 2 after 26 November. Any delay in joining the register of sponsors may hold up the recruitment processes after that date as the work permit scheme will close on 26 November.

Prior to applying, however, potential sponsors should ensure that they have the necessary procedures and processes in place to be able to adhere to the obligations of being a sponsor.