Business and Investing

On the 29 February 2008 the UK Border Agency opened the Register of Licensed Sponsors to employers wishing to issue Certificates of Sponsorship to migrants.

Certificates of Sponsorship will replace the current work permit system in its entirety when Tier 2 of the Points Based System goes live. The Agency currently anticipates that this will be in Autumn 2008. Employers who do not appear on the register will not be able to sponsor migrant workers.

In the most recent measure announced with respect to its Points Based System the UK Border Agency has announced that people currently in the United Kingdom in specific immigration categories which will be deleted as the Points Based System is implemented may complete their leave to remain under the existing terms of that leave.   If they apply successfully to extend their leave in their existing categories they will be granted enough further leave to remain to entitle them to apply for settlement in the UK at the expiry of that  further leave to remain.  

Employers will be moved to the front line of immigration law enforcement in an effort to stem the tide of illegal immigration to the UK. The Home Office will require that employers check the legal status of their current and potential staff or face stiff penalties involving on the spot fines of up to £10,000 plus unlimited fines and gaol terms for knowingly employing workers illegally.

At about this time in 2006 Gherson reported the Home Office’s changes to the qualifying criteria (and to the relevant immigration rules) for leave to enter under the Highly Skilled Migrant Programme (HSMP).  The changes increased the quota of points applicants needed to score in order to obtain leave to enter.   Points which had been awarded under the previous tariff for work experience obtained in an applicant’s country of origin were no longer available.  

The Border and Immigration Agency (the “BIA”) has published its “statement of intent” regarding Tier 1 of its Points Based System.  Tier 1 is due to be implemented in the first quarter of 2008.  

Following a reference from the United Kingdom’s House of Lords the European Court of Justice (the “ECJ”) has decided that the applications of two failed Turkish asylum seekers for leave to enter the United Kingdom for the purpose of establishing themselves in business must be considered in accordance with immigration rules in force in 1973.  The ECJ’s judgment is dated 20 September 2007.

Three of Gherson’s clients – all of them doctors whose qualifications had been approved by the General Medical Council (the “GMC”) - have obtained extensions of their stay as highly skilled migrants following the indication that they would shortly issue applications in the Administrative Court for judicial review of the Border and Immigration Agency (“BIA”)’s decisions to refuse their extension applications.