You should be aware that you cannot rely on a Work Permit or Certificate of Sponsorship which allows an individual to work for a different employer.

Workers from the new EU Member States also do not have an automatic right to work in the UK.

If you are found to be using illegal workers, you can be fined up to £10,000 per illegal worker. There are also potential criminal sanctions if you are found to knowingly or deliberately employ illegal migrant workers. The officer responsible could be sent to prison for two years.

You should therefore seek legal advice before you act.

Points Based Immigration System

In 2008 a new single points-based system with five tiers replaced the old immigration categories:

• Tier 1 of the new system is for Highly Skilled Migrants, and replaced the old HSMP;
• Tier 2 is for Skilled Migrants, and replaced the old Work Permit scheme;
• Tier 3, which is for low-skilled workers, has been suspended indefinitely;
• Tier 4 is for Students; and
  
• Tier 5 is for Youth Mobility Schemes and Temporary Workers (including temporary creative and sporting people).

Tier 1

Under Tier 1, highly skilled individuals may be eligible to live and work in the UK by making their own application. They must satisfy a points-based test, and be able to show that they can speak English and support themselves. Individuals who qualify under Tier 1 are free to work in any job and for any employer. They do not need a Sponsor.

Tier 2

Foreign nationals who do not qualify under Tier 1 will require a Sponsor before they can come to the UK to work. The Sponsor will be an organisation that wishes to employ the individual.

If a UK organisation would like to employ a foreign national, and therefore act as a Sponsor, the organisation must first obtain a Sponsor Licence from the UK Border Agency (UKBA). The Licence will only be granted if the organisation can satisfy UKBA that it is a genuine UK-based employer, and that it is able to comply with employment and immigration law and good practice. It also needs to agree to take on a number of ongoing obligations (such as monitoring and reporting duties).

Once the Sponsor Licence is in place, the Sponsor has authority to issue Certificates of Sponsorship (replacing the old Work Permits) to foreign nationals, provided that a number of conditions are met. Unless the job is on the job shortage list, the Sponsor must, for example, comply with the resident labour market test. This means that, before it can employ a migrant worker, it is under an obligation to try to find a suitably qualified or skilled 'resident worker' (a UK or EEA national) to fill the vacancy, by complying with prescribed recruitment methods.

To get entry clearance to the UK (a visa), in addition to having a Certificate of Sponsorship, the individual must also satisfy the points based test for Tier 2, and be able to show that they can speak English and support themselves.

Our Services

Our work includes advising on and assisting with Sponsor Licence applications, advising on the duties and responsibilities of a Sponsor, advising on advertising requirements and other conditions that need to be met to enable a Sponsor to issue a Certificate of Sponsorship lawfully, advising on "right to work" documents checks, advising on and assisting with Tier 1 applications and different types of extension applications.