| Alexa Etheridge from Davenport Lyons outlines the ins and outs of obtaining a license to employ a worker from outside the UK. Employing foreign workers Obtaining a work permit for an employee can be a complicated process for a business, with a myriad of rules. As part of a general shake-up of the immigration system, the government has sought to simplify the existing system, which provides over 70 different ways of entering the UK. The work permit system is no exception, and this year, sweeping changes to obtaining a work permit will involve new measures designed to more closely monitor who is sponsoring migrants seeking to obtain work permits to come to work in the UK and what they do when they get here. Applying for a Licence In order to obtain a licence, a business must demonstrate: - It is a legitimate organisation working within the law of the United Kingdom;
- It does not pose a threat to immigration control; and
- It is committed to fulfilling its sponsorship duties.
Applications are made electronically to the UK Border Agency (UKBA) and supporting documentation must be sent within 14 days of the application being made. The supporting documentation required varies depending on the type of organisation applying, but can include your certificate of incorporation, last audited annual accounts and a copy of your liability insurance for at least £5m. A fee is payable by the company for the licence. Small and medium sized companies will pay £300; all other companies will pay £1,000. A Limit on Sponsorship On applying for a licence, a business will be required to estimate how many workers it envisages sponsoring per year. This estimate will then be used by the UKBA to determine the limit that it will place on sponsorships by the business. Duties as a Sponsor Supplying the certificate of sponsorship to the migrant is not the end of a company’s responsibilities. As a sponsor, a business must fulfil certain duties to make sure immigration controls stay effective. The objectives of these duties are: To prevent abuse of assessment procedures;
Capture early any patterns of migrant behaviour which cause concern;
Address possible weaknesses in the processes which cause those patterns; and
Monitor compliance with immigration rules. The sponsorship duties are: Record keeping;
Reporting;
Compliance;
Co-operating with the UKBA; and
Some tier specific duties.
Companies will have to be prepared to provide records to the UKBA, copies of the passport or immigrant status documents of all of its migrant workers and migrants’ contact. Sponsors will have a duty to inform the UKBA if the migrant worker fails to turn up for work, or is absent for more than ten working days without permission, or if the migrant worker’s employment is terminated prematurely. Changes in the migrant worker’s status may have to be notified to the UKBA too, as well as any ‘suspicions’ the company may have ... | 
