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| A key feature of the UK Immigration Points Based System (PBS) is the need for all sponsors of non-EU workers, students and even Ministers of Religion to be licensed as a sponsor if they wish to bring a person to the UK. |
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| The Border and Immigration Agency (BIA) are responsible for the issuing of sponsorship licences, grading sponsors as A or B grade and conducting site visits and audits to monitor and enforce immigration regulations. It is the responsibility of the sponsor to ensure that the conditions of the UK immigration sponsorship license are continually met
Some of the key issues of sponsorship under the Points Based System are examined in brief on our site. |
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Key Things to be Aware of |
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- A sponsor must demonstrate they have the relevant processes and procedures in place to ensure ongoing compliance with the immigration law
- If a sponsor is deemed as issuing a sponsorship certificate in error All non EU people they sponsored may be told to stop work and be given 28 days to leave the UK
- If found to be in breach of any immigration laws, the responsible person within the sponsoring organisation will face a fine of £10,000 or two years in prison
- A sponsor must judge who is worthy of sponsorship; no official feedback is provided until an audit is conducted which could be months or years later
- If a sponsor has been granting sponsorship outside of the PBS rules their licence will be suspended or revoked, all overseas nationals will have their leave in the UK curtailed to 28 or 60 days to leave the UK and a fine may be imposed
- A representative's office can be the place registered by sponsors for Immigration Officials to attend when conducting a 'site' visit. This reduces the interference to the business and allows all immigration records to be presented in a compliant way with expert representation
- A sponsor for employment will have to ensure an overseas qualification is comparable to a UK NVQ level 3 or above and that advertising for the post is acceptable under changing immigration criteria
- The person who is sponsored will still have to apply for Entry Clearance and may be refused a UK Visa if the Entry Clearance Officer is concerned about the case
- An application that is refused has no right of appeal
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What Does Sponsorship Mean for Me? |
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The UK Immigration tier 1 to 5 PBS means, with the exception of those in tier 1, all migrants, not including those coming to the UK through family based immigration require a UK sponsor before they can apply to live and work in the UK. The UK sponsor may be a British company, a college or university or another establishment such as a church or mission. In every case, having a sponsor is the first step in applying for a PBS UK visa. All non-EU nationals also require a biometric identity card if they are staying longer than six months.
For UK businesses, this means greater responsibility and more accountability with sponsors ensuring that they comply with the requirements for sponsoring non-EU citizens and continue to do so. They will also continue to be responsible for the conduct of the people they sponsor. If the UK Border and Immigration Agency believes a sponsor does not have the relevant processes and procedures in place to ensure absolute UK Immigration Compliance their sponsorship licence will be revoked. |
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How Will Sponsorship Work? |
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Sponsorship is based on two key principles, that firstly UK institutions who benefit most from skilled migration shoulder the responsibility for helping to prevent abuse of the system. Secondly, the system aims to ensure that those coming to the UK are eligible to do so, and that they have a genuine offer of a place of work or study and therefore sponsorship.
In the first instance, a prospective sponsor will apply to the Border and Immigration Agency in order to be granted a license. When successfully licensed, a sponsor can apply for a number of certificates of sponsorship, which they can then present to their people whom they intend to sponsor. Once a prospective employee has been allocated a certificate of sponsorship, he or she will be eligible to apply for UK entry clearance. It should be noted that a successful grant of a sponsorship certificate does not constitute the right to enter the UK; rather, it fulfils the prerequisite of sponsorship, allowing a candidate to progress to making a visa application.
Once a person is present in the UK, their sponsor will be obliged to take responsibility for them. This extends from keeping sufficient records of each person through to informing the Home Office Border and Immigration Agency in cases where a person does not turn up for work or study and takes absence without permission for a significant time.
To know more about this topic or to book your appointment you can email us at info@smartmove2uk.com
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| Also see details on: |
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| 1. Our Services |
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| 2. Working in UK |
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| 3. Studying in UK |
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