News

Update | Tuesday 23rd March 2010
Major Tier 1 & 2 Changes introduced from 6th Apri

Dear Client,

The Government has announced details of the changes they will make to Tiers 1 (Highly skilled workers) and 2 (Skilled workers with a job offer) of the Points Based System on 6 April. These changes include:

• A new points table for Tier 1 which now allows applicants with very high previous earnings (£150,000 or above) to come to the UK under Tier 1, even if they have no formal qualifications at a high level
• A tightening of the qualifying criteria for intra-company transferees, requiring them to have 12 months company experience before transferring. To reflect the temporary nature of intra-company transfers, this category will also no longer lead to settlement in the UK.
• An updated points table for Tier 2 with higher salary bands. These adjustments ensure that all applicants in non-shortage occupations need prospective earnings of at least £20,000. A further modification means any intra-company transferee unable to gain additional points for formal qualifications held shall now need prospective UK earnings of at least £32,000 to qualify.
• The introduction of new sub-categories for intra-company transfers enabling multinational companies to transfer staff to the UK to take short term graduate placements or for the purposes of short-term skills transfer.

Detailed guidance will be published on 6 April, setting out the requirements that will be placed on sponsors. In anticipation of that guidance, and to enable your business to prepare for the changes, the UK Border Agency has today published a Statement of Policy detailing the new policies - attached. We advise all clients to review this document at the earliest opportunity as these changes will have an effect on your company’s ability to employ (and/or transfer) migrant staff to the UK from the 6th April.

For further guidance in relation to this announcement, please contact your Smith Stone Walters Account Manager.

Update | Thursday 18th February 2010
All Change (again!)

Dear Client,

On Monday 22 February 2010, the UK Border Agency will introduce the latest version of the Sponsorship Management System (SMS). Key enhancements to the system will include:

• A Sponsor Note facility allowing the Sponsor to inform the UK Border Agency of minor changes to a Certificate of Sponsorship, before it is used.
• The ability for Tier 2 A-rated Sponsors to confirm that they will maintain and accommodate the overseas worker for the first month of their stay in the UK (replacing the need for a separate letter of ‘maintenance’ to be issued).

Whilst Smith Stone Walters will automatically adopt these changes on behalf of our managed clients, employers may wish to take note that new Sponsorship Guidance will be made available from next Monday via www.ukba.homeoffice.gov.uk

Any migrant workers applying under Tier 2 at this time should also be made aware that new Tier 2 Migrant Guidance and application form will also be made available at this time via: www.ukba.homeoffice.gov.uk

Do you employ foreign students?

If so, please note that from 03 March 2010 the UK Border Agency will issue new regulations which mean that students studying below foundation degree level have a limited ability to work in the UK.

The new regulations will mean Tier 4 students:

• will be able to work just ten hours during term time (and not 20 hours as is currently the case) if studying below a degree level or foundation degree course;
• can be accompanied by dependants however their dependants will not be able to work if studying below a degree level or foundation degree course - they will face removal from the UK if found doing so.
• will not be able to bring in dependants at all if studying a course for less than six months; and
• must demonstrate a good standard of English in order to study on an English language course or any other course below degree level.

These changes have no impact on Tier 4 students studying on foundation degree, degree level, or post-graduate courses, who continue to be able to work for 20 hours during term time and full time in term holidays. Nevertheless, employers should continue to pay close attention to a migrant student’s right to work documentation as well as gaining confirmation of the number of hours they are entitled to work.

For further guidance in relation to this communication, please contact your Smith Stone Walters Account Manager.

Update | Friday 15th January 2010
Delays in processing ‘in-country’ Tier 2 Applications inevitable

Dear Client,

As previously advised, since 6 January 2010, all migrants filing an application under Tier 2 in the UK have been required to provide biometric information (fingerprints and photograph) in order to obtain an Identification Card for Foreign Nationals (ICFN). This ID card replaces the vignette in the passport. These ‘in-country’ applications need to be submitted by post to the authorities. Currently, there is no provision for Tier 2 applications to be submitted by representatives via the ‘fast track’ route. A limited number of personal appointments are available to individuals to book directly via the UK Border Agency (UKBA). However, these are currently booked up months in advance.

Postal processing times:

The UKBA expect the end to end processing time for posted Tier 2 applications to be 4-6 weeks. We therefore strongly encourage employers to initiate Tier 2 (and Tier 2 extension) applications at the earliest possible time. Those migrant workers that are required to file Tier 2 applications via the UKBA shall therefore need to be made aware they will be without their passport(s) for up to 6 weeks and thus prevented from travelling during this period.

Where a migrant worker cannot afford to be “grounded” in the United Kingdom for this period, they may wish to consider returning to their home country to process a new entry clearance visa application. Concluding the matter overseas can be a considerably quicker alternative to filing in the UK. For example, the issue of Tier 2 visas via the British consulates in the USA can be concluded within 24\48 hours. Furthermore, Tier 2 visa processing in the US can be fully managed by our New York based team.

For further guidance on the employment of migrant workers under Tier 2, call your Smith Stone Walters Account Manager today.

Update | Tuesday 8th December 2009
Migration Advisory Committee endorses immigration routes for highly skilled migrants

Dear Client,

On 4th December the Migration Advisory Committee recommended a number of changes to Tier 1 of the Points Based Immigration system. The UKBA are now considering these recommendations and will announce if they are to be accepted in early 2010. It is highly likely that the UKBA will implement these changes in full.

The independent Migration Advisory Committee has completed its review of Tier 1 of the government's points-based system.

Earlier this year, the government asked the MAC to consider whether the criteria for Tier 1 should be changed in 2010/11 to reflect changing economic circumstances. The MAC's report says that Tier 1 is generally operating well, but also recommends some changes.

Regarding the Tier 1 (General) route for highly skilled workers, the MAC's recommendations include:

• the salary multipliers, which are used to convert previous earnings outside the UK into a UK equivalent, should be rapidly and thoroughly reviewed;
• migrants with a bachelor's degree but no master's degree should be allowed to come to the UK under Tier 1 (General), if their previous earnings are high enough;
• professional qualifications (in law and accountancy, for example) should be considered as equal to a master's degree;
• the pay thresholds should be substantially increased, with no points for previous annual earnings below £24,000;
• migrants with previous annual earnings of at least £150,000 should not need to meet the educational qualification requirements;
• applicants should receive points for their age if they are 39 or under; and
• successful applicants should initially be allowed to come to the UK for two years, rather than three as at present, with a three-year extension later if they are in highly skilled employment.

The MAC says the Tier 1 (Post-study work) route - for migrants who want to work in the UK after completing a course of study here - should continue, as it brings economic benefits to the UK. However it recommends that the government should consider whether all courses and all institutions should continue to be treated the same.

For advice on how Smith Stone Walters can further support your company in the provision of UK immigration services under the new Points Based System, please call us today.

Update | Thursday 26th November 2009
Tier 2 advertising requirements increased

Dear Client,

The government has announced that, with effect from 14 December 2009, the resident labour market test for Tier 2 of the points-based system will be extended to four weeks for all jobs. This will replace the current requirement to advertise jobs for two weeks where the salary is £40,000 per annum or less, or one week for jobs where the salary is in excess of £40,000. All personnel involved in the recruitment of staff should be made aware of this forthcoming policy change.

This change will apply to advertising campaigns that start on or after 14 December. Employers that have already run advertisements will not need to re-advertise to meet the new requirement.

The four weeks do not need to run continuously. This means that employers are able to stagger the 4 week campaign within a 3 month period (i.e. 2 weeks + 2 weeks). However, in order to reduce the administrative burden, we would expect most employers will choose to fulfill this requirement over 4 consecutive weeks.

For further guidance on the employment of migrant workers under Tier 2, call your Smith Stone Walters Account Manager today.

Update | Tuesday 3rd November 2009
UKBA Sponsorship Audit – Are you ready?

Dear Client,

All UK employers that have secured a sponsorship licence can at some stage expect a visit from the UK Border Agency.

The purpose of the UK Border Agency’s visit will be to ensure:

• You have complied with the sponsorship duties and the specific requirements under the tier(s) for which you are licensed; and
• You are compliant with the work permit arrangements and other related immigration legislation.

Any post licence audit is based on (retrospectively) ensuring all relevant criteria have been met. There is no official published guidance relating to post licence audits but they are based on the pre licence guidance issued by the UK Border Agency.

The basic format of the visit will involve an HR Systems Assessment and Compliance Audit (including migrant interviews and document checks) but additional checks may be necessary. It is important to note that these visits may be unannounced so it is imperative that specific documentation can be produced at short notice. The type of documentation commonly requested includes:

• A full list of the overseas nationals currently working for the company (i.e. names, dates of birth, nationality and visa expiry date). The UK Border Agency would also expect verification of an employee’s NI Number, salary and contracted hours to be readily accessible;
• A full job description for your Certificate of Sponsorship (CoS) / Work Permit holders detailing their roles and daily duties;
• Copies of the last 3 months’ pay slips and P60 (if applicable) for all CoS / Work Permit holders;
• Copies of employment contracts for CoS / Work Permit holders (if issued);
• Copies of all CoS / Work Permit holders’ documentation and passports for CoS / Work Permit holders;
• Copies of worker registration documentation for any A8 nationals / A2 nationals currently working for the organisation;
• Passport copies (i.e. front cover, personal details page and visa endorsement) for all overseas nationals currently employed by the organisation.

Every employer has a responsibility for ensuring their expatriate workforce is legally compliant. Ignorance of the rules is not deemed an excuse.

For advice on how Smith Stone Walters can support you in remaining compliant under the new Points Based System, please call us today.

Update | Wednesday 14th October 2009
Renewal process for annual allocations of certificates of sponsorship (CoS)

Dear Client,

The Tier 2 sponsor based points-based system is almost one year old.

Under this scheme, all those employers who successfully applied for a license to sponsor migrant workers were allocated a certain number of certificates of sponsorship for their first year as a sponsor. This allocation is only valid for one year from the date when the employer became a sponsor. The allocation cannot be carried over from one year to the next and therefore each employer must request a new allocation at the end of every year.

By way of support to our clients, Smith Stone Walters staff are on hand to answer key questions about the process for renewing annual allocations and fully manage the renewal process on their behalf. Below we have detailed some of the most common questions in relation to this renewal process.

When does my current allocation expire?

Your current allocation of CoS in a particular tier or category will expire:

• one year after the date when you were first able to issue CoS in that tier or category.
• If you were licensed before 28 November 2008, your current allocation will expire on 27 November 2009.

When can I make my request?

You can make your request up to three months before your current allocation expires, and you will receive a series of emails from the UK Border Agency reminding you to take action.

When should I make my request?

If your allocation expires between 27 November and 31 December 2009, you should make your request at the earliest possible opportunity after 5 October 2009. This gives your request the best chance of being reviewed and granted before the expiry date. Smith Stone Walters will support you in this process.

If your CoS allocation is due to expire after 1 January 2010, the UK Border Agency will email the employer’s appointed Authorising Officer at monthly intervals, starting four months before the expiry date, to let them know when they can make their request.

What happens if I do not make my request in time?

If you do not make your request in time, the organisation will not be able to issue another CoS until you have made your request and the UK Border Agency has processed, considered and granted it.

How many certificates can I request?

You can request as many certificates as you think are necessary for your organisation.

How do I make a request?

The request is made on-line via the Sponsor Management System. Smith Stone Walters will fully support you in filing this request to the UK Border Agency.

How will the UK Border Agency notify the sponsor of the decision?

The UK Border Agency will write directly to the sponsor’s appointed Authorising Officer with details of their decision.

For further guidance and support in securing a new CoS allocation under Tier 2, contact Smith Stone Walters today.

Update | Wednesday 9th September 2009
UKBA to tighten up Points-Based System

The government has just announced it shall be accepting the recommendations made last month by the Migration Advisory Committee to tighten up the rules controlling when skilled workers are allowed to take jobs in the United Kingdom under the government’s points-based system.

• Jobs will need to be advertised to British workers in Jobcentre Plus for four weeks - extended from two weeks - before companies can seek to employ individuals from outside Europe.
• To qualify for consideration as an intra-company transferee, the migrant will need to have worked for their firm for at least a year - rather than six months as at present - before they can transfer here.
• The minimum salary that will allow an individual to qualify as a skilled worker and be eligible to work in the United Kingdom will rise, from £17,000 to £20,000.

As soon as the UK Border Agency announces the date(s) these changes will go ‘live’ from, Smith Stone Walters shall advise clients immediately.

Smith Stone Walters routinely supports all clients in ensuring they satisfy the strict and ever changing requirements of the points-based system. For all UK employers seeking to employ migrant staff it is more important than ever to ensure they are able to adhere to the regulations. For further advice on how Smith Stone Walters provides specific support in this area, contact a member of our team today.

Update | Thursday 27th August 2009
What are an employer’s responsibilities when promoting a migrant worker?

1. Migrant worker - restricted employment rights

A migrant worker holding restricted employment rights (i.e. Tier 2 or work permit holder) is only able to work in the role for which approval was originally granted. Therefore, should your company seek to promote the individual or change their role, there is a responsibility placed upon you to inform the authorities. The UK Border Agency (UKBA) deems that a change of employment arises where:

• the migrant is continuing to work for the same sponsor, but their core duties and responsibilities change; or
• where their position in the hierarchy of the sponsoring organisation changes (for example due to a promotion).

Where there has been a clear change of employment (rather than perhaps a small increase in pay and responsibility) the UK Border Agency will expect a fresh application under the points-based system to be filed.

For further guidance in respect of this issue, contact your Smith Stone Walters Advisor.

2. Migrant worker - Intra-Company Transfers

In light of the current economic climate, the UK Border Agency (UKBA) has recently re-affirmed that "migrants entering the United Kingdom under Tier 2 Intra-Company Transfer must not be directly replacing a settled worker." The authorities accept that where prior company experience or company-specific knowledge is an essential requirement to undertake a UK role, settled workers (without such prior experience) will not be suitable for consideration. Nevertheless, they have made it clear that if such company experience is not an essential requirement then filing an intra-company transfer application on behalf of a migrant worker would not be deemed appropriate. Employers are therefore advised to take note of this guiding principle.

Smith Stone Walters routinely supports all clients in ensuring they satisfy the strict and ever changing requirements of the scheme. For all UK employers seeking to employ migrant staff it is more important than ever to ensure they are able to adhere to the regulations. For further advice on how Smith Stone Walters provide specific support in this area, contact a member of our team today.

Update | Monday 24th August 2009
Employers take note! The UKBA has published new Tier 2 migrant worker guidance.

Whilst Smith Stone Walters shall ensure your company’s sponsorship based applications adhere to the new Tier 2 guidance, it is worth pointing out the headline changes:

Employers are no longer required to advertise the role in the JobCentrePlus, where:

• The prospective earnings for the role in question amounts to £130,000 or above AND the nature of the role falls under the SOC code 1112 (Directors and Chief Executives) and SOC code 2411 (Legal Partners); or
• There may be stock-exchange disclosure issues.

Where there has been a clear change of employment (rather than perhaps a small increase in pay and responsibility) the UK Border Agency will expect a fresh application under the points-based system to be filed.

For further guidance in respect of this issue, contact your Smith Stone Walters Advisor.

2. Tier 2 (General) migrants will no longer be required to be on UK payroll

In line with Tier 2 intra-company transferee arrangements, it is no longer essential for the UK employer to pay migrant workers who are sponsored under Tier 2 (General) from within the UK. This development will allow international organisations to reintroduce bespoke payroll arrangements suitable to meet their own purposes (rather than one which is ‘governed’ by the UK Border Agency).

3. Milkrounds

For those organisations who recruit individuals a number of years in For those organisations (such as law firms) who recruit individuals a number of years in advance and then will sponsor their studies until the individual begins work, provisions were formalised to accommodate this valid recruitment method.

It has therefore been agreed to:

• Remove the JobCentrePlus requirement completely and replace this with advertising on a graduate recruitment website and one other medium; and
• Allow a four year period for milkrounds to be considered towards the Tier 2 Resident Labour Market Test requirements.

4. Allowances

The UK Border Agency now recognises that short-term assignees may have higher accommodation costs. Hence, the UKBA will now take in to account an accommodation allowance up to a proportion of 40% of the gross salary, where a migrant: a) is applying from outside the United Kingdom; and b) has a certificate of sponsorship that is for 12 months or less

Your Smith Stone Walters Consultant shall be able to provide you with specific advice as to whether the proposed package offered to your UK bound assignees meets the Tier 2 minimum salary requirements.

Smith Stone Walters routinely supports all clients in ensuring they satisfy the strict and ever-changing requirements of the scheme. For all UK employers seeking to employ migrant staff it is more important than ever to ensure they are able to adhere to the regulations. For further advice on how Smith Stone Walters can provide specific support in this area, contact a member of our team today.

Update | Thursday 2nd April 2009
Latest changes to Tier 1 & Tier 2 introduced

Dear Client,

On 22 February 2009, the Home Secretary announced changes to the operation of Tier 1 (highly skilled migrants) and Tier 2 (skilled migrants) of the points-based system. The new Rules have now come into effect and any application received on or after 31 March will be considered under the new policy.

Key point for employers to note:
 
From 31 March 2009, an employer wishing to sponsor a migrant to do a job under Tier 2 (General) will not pass the resident labour market test unless the job has been:

• advertised to settled workers in Jobcentre plus; and
• advertised using one other method permitted by the relevant code of practice

• The Jobcentre Plus logo; and
• The contents of the advert**; and
• The vacancy reference number; and
• The date and URL; and
• The closing date for applications.

Update | Wednesday 25th February 2009
New UK visa requirements
from 3rd March 2009

Dear Client,

Following a recent announcement by the UK Border Agency, nationals of the following countries will now need to obtain a visa before travelling to the UK for visits of up to 6 months:

• Bolivia
• Lesotho
• South Africa
• Swaziland
• Venezuela (unless they hold a new fingerprint passport issued since 2007)

Nationals of these countries already need a visa to work or settle in the United Kingdom, as do all nationals of countries outside the European Economic Area. However, they will now need to apply for a visa even if they are visiting the United Kingdom for less than six months. We would therefore advise business visitors from South Africa (and the other affected countries) to factor in the added time it shall take to secure a visitor visa prior to journeying to the UK.

For further guidance on this communication, please contact Smith Stone Walters.

Kind regards
Smith Stone Walters

Update | Wednesday 19th November 2008
Ready for Launch

Dear Client,

The UK Border Agency has started to send out the passwords and user names for the new sponsorship management system (SMS). All sponsors who have been granted a licence will receive a user ID by letter along with a welcome pack in the coming days, prior to the 27 November. The level 1 user will also receive a password electronically in the same timeframe. This is in order for the level 1 user, nominated by the sponsor during the registration process, to access the SMS and to issue certificates of sponsorship in the future.

Once the policy is implemented formally on the 27 November, sponsors will be able to access the SMS. The log in page for the SMS will be made available to all sponsors on the 27 November and no access will be possible prior to this point.

For further guidance on this communication, please contact Smith Stone Walters.

Kind regards
Smith Stone Walters

Update | Thursday 30th October 2008
New sponsorship scheme for skilled and temporary workers ‘start date’ announced.

Dear Client,

Phil Woolas, Minister of State for Borders and Immigration has announced the go-live date for tiers 2 and 5 of the points-based system shall be 27th November 2008. Tier 2, relating to skilled workers, replaces the current work permit scheme whilst Tier 5 covers temporary workers entering the United Kingdom for a short period.

When tiers 2 and 5 open to applications, many existing work-based schemes will close.  All applications being prepared for submission under the existing work permit scheme (including extensions) must therefore be received by the UK Border Agency by the 26th November. After this date, all applications shall need to be made in accordance with the new points-based system.
 
For further guidance on this communication, please contact Smith Stone Walters.

Kind regards
Smith Stone Walters