Further to E-bulletin number five (‘sponsoring migrant workers’), from 30 November 2008, migrant workers from outside the EEA {1} must have sponsorship from a licensed employer if they are to be granted a visa under tier two (skilled worker) or tier five (temporary workers) of the new points based immigration system.

Employers who have not been licensed to act as sponsors will not be able to take on such migrant workers (although there is nothing to stop unlicensed employers recruiting other categories of migrant so long as they have the right to work in the UK (e.g. spouse, students who have permission to work, highly skilled migrant programme etc).

The UK Border Agency (the new name for the 'Border and Immigration Agency') ('UKBA') recommends that employers make their application for a sponsorship licence by 1 October 2008 if they want to be issued with a licence in time for the changes.

Only 153 employers have successfully registered so far and UKBA are expecting a late surge in the number of applications. Employers in sectors that have previously relied heavily on migrant labour under the old work permit scheme such as health, IT, higher education and social care are likely to be particularly badly affected if they fail to obtain a license in good time.

In order to obtain a licence companies will have to demonstrate that they have a robust Human Resources process and nominate key workers to deal with UKBA and to comply with the monitoring requirements which sponsorship entails.

Workers already here on work permits will be able to remain until their current work permits expire. However, if they need to apply for an extension it will have to be done under the new system and their employers will have to be licensed at the time of their application.

Education organisations must also apply for sponsorship in preparation for the introduction of Tier four, concerning students from outside the EEA. This will come into force in April 2009.

If you would like guidance on these changes please email Duncan Bain or call him on 0118 955 3015. 

{1}Members of the EEA are as follows: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

To add your name to a mailing list designed for sponsoring employers please email Sarah Constable.