Immigration and Asylum Workshop
Classroom
Available: Unavailable at present
Course duration:
Classification:
Delivery method: Classroom
As part of its strategy on controlling immigration, the Government has introduced a Points Based System (PBS) for non-EU nationals (referred to as ‘migrant workers’) who wish to work or set up business in the UK.
The PBS replaces all previous entry schemes to the UK. The PBS requires employers to be licensed by the Border and Immigration Authority (BIA) as sponsors before they can employ migrant workers.
This is the biggest overhaul of the immigration system in history. Under the PBS the onus is on the employer to ‘police’ the system rather than the BIA as was the case under the work permit scheme.
The Immigration and Asylum Workshop is designed to highlight the legal pitfalls and increased risk of negligence claims under the new system whilst at the same time providing practical guidance for employers.
Attendees will gain an understanding of the risks inherent in the PBS legislation. They will receive a practical guide on how to ensure they and their clients comply with the new systems along with the best practice guides, tip and hints and a round-up of the relevant case law.
This seminar will address risk, compliance and day to day issues relating to:
- illegal working sanctions
- the sponsorship system
- issuing certificates of sponsorship
- entry clearance/leave to remain applications
- posted workers, business visitors and other routes to lawful employment
The legal perspective
The Immigration, Asylum and Nationality Act 2006 (known as the 2006 Act) came into force in February 2008 and replaced the Asylum and Immigration Act 1996.
Section 15 of the 2006 Act allows for Border Agency Officials to serve a civil penalty on employers up to £10,000 (for each person) if they are found to have employed someone who is legally not entitled to work. Employers who acquire staff under TUPE have 28 days to carry out the appropriate checks.
Under Section 21 of the 2006 Act, an employer convicted of knowingly employing an illegal migrant may be fined and/or given a term of imprisonment up to six months.
