Gherson - UK Employers

Employers and Sponsor Licensing - severe consequences of refusal / revocation

Gherson — Tue, 6 May 2008 00:00:00 -0700

On 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.

Points based system - special time limited arrangements for people already in the UK

Gherson — Tue, 15 Apr 2008 00:00:00 -0700

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.

Green Paper : citizenship changes - all existing immigration laws to go

Gherson — Wed, 27 Feb 2008 05:30:00 -0800

The government has this month issued a new green paper setting out further major changes to the United Kingdom’s system of immigration. The changes will be set out in a draft bill in the summer. This will be followed in November of this year by a single piece of legislation which, according to the Border and Immigration Agency will “replace all existing immigration laws”. The proposals are apparently the consequence of several months of public listening sessions carried out by the Central Office for Information. In December of last year the Immigration Minister Liam Byrne was quoted as stating that (happily) this consultation programme had revealed that the UK was not a nation of “Alf Garnetts”.

Changes to HSMP: no legitimate expectation

Gherson — Mon, 14 Jan 2008 00:00:00 -0800

The Highly Skilled Migrant Programme (HSMP) was introduced in January of 2002. It enabled skilled and experienced workers from overseas to obtain entry to the United Kingdom, with a route to settlement in the UK. The eligibility of people for entry was established by the awarding of points against a range of criteria, in particular each applicant’s work experience and qualifications in his or her country of origin. At that time it operated as a policy outside the immigration rules, but in April of 2003 the programme was incorporated into the immigration rules at rule 135A to 135H Rule 135A (i) required applicants to possess a document issued by the Home Office which indicated that the applicant had achieved the necessary number of points. Applicants also have to intend to make the UK his or her main home, and to be able to maintain and to accommodate themselves and any dependants without recourse to public funds. As for what was required for an extension of stay under the programme, rule 135D required that applicants had entered the UK under the programme and that they had:

Onus on employers to discourage illegal immigration

Gherson — Tue, 11 Dec 2007 00:00:00 -0800

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.

Highly skilled migrants - Tier 1: Government announces details

Gherson — Fri, 7 Dec 2007 00:00:00 -0800

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.

New fines for employing illegal workers

Gherson — Wed, 28 Nov 2007 00:00:00 -0800

As part of the implementation of its Illegal Working Action Plan on 22 November 2007 the Border and Immigration Agency announced new measures inflicting severe fines upon employers who knowingly hire illegal workers. These comprise two orders enforcing the regime set up by sections 15 to 26 of the Immigration and Nationality Act 2006. They will come into force on 29 February 2008.

Doctors' success in Court of Appeal judgment against HSMP restriction

Gherson — Thu, 15 Nov 2007 00:00:00 -0800

In its judgment (R (on the application of BAPIO Ltd & another) v Secretary of State for the Home Department and the Secretary of State for Department of Health [2007] EWCA Civ 1139) on 9 November 2007 the Court of Appeal has allowed an appeal by BAPIO (the British Association of Physicians of Indian Origin) against its unsuccessful application for judicial review of guidance issued by the Department of Health.

Working holidaymakers need to show an intention to work

Gherson — Fri, 2 Nov 2007 00:00:00 -0700

Young nationals of countries listed at Appendix 3 of the immigration rules can apply to come to the United Kingdom as “working holidaymakers” under immigration rule 95. These countries have reciprocal agreements with the UK. The people who may apply are Commonwealth citizens and those from other countries with historic links to the UK.

Work Permit Processing Time Targets

Gherson and Co — Wed, 8 Aug 2007 00:00:00 -0700

In late July 2007 the part of the Border and Immigration Agency (BIA) dealing with applications for work permits gave details of current processing time targets. Work Permit Business Teams aim to decide 70% of work applications within 5 working days and 90% within 15 working days. Where an application for a work permit is refused and an applicant asks for a review of a decision, Work Permits UK aim to decide the review within 15 working days. They stated that applicants will receive either a decision letter or a request for further information within a week of receipt of a work permit application.