The Migration Advisory Committee (MAC) published its latest report on 21 October 2009. This is its second partial review of the shortage occupation lists for the UK and Scotland. The MAC produced its first recommended lists in September 2008, which were accepted in full by the government. The MAC carries out partial reviews every six months, with a full review every two years. It published its first partial review in April 2009. The MAC has now reviewed all occupations originally recommended in September 2008. The lists identify occupations where there are insufficient UK workers. They can be used by employers under Tier 2 of the Points Based System to bring in non-EEA workers without having to meet the requirements of the resident labour market test by advertising the post. A prospective employee can also submit an application without having to show previous earnings or qualifications although he/she will still have to provide evidence o maintenance and English language skills.
The reports detailed recommendations are as follows. The numbers in brackets refer to the Standard Occupational Classification (SCOC) code as used in the UKBA’s Codes of Practice.
Additions:
• Project managers within the electricity transmission and distribution industries (1121)
• Site managers, station managers, shift/group leaders within the electricity transmission and distribution industry (1123)
• Mechanical engineers in the electricity transmission and distribution and the electricity generation industries (2122)
• Electrical engineers in the oil and gas industry and power system engineers, control engineers, protection engineers, project control engineers, control and instrumentation engineers, assistant engineers, electrical engineers within the electricity transmission and distribution industry (2123)
• Design engineers within the electricity transmission and distribution industry (2126)
• Plant process engineers within the electricity generation industry (2127)
• Planning/development engineers and quality, health, safety and environment engineers within the electricity transmission and distribution industry (2128)
• Project engineers and proposals engineers within the electricity transmission and distribution industry (2129)
• Higher-level specialty trainee posts in paediatrics (ST4 level) (2211)
• Non-consultant, non-training, medical staff posts in general internal medicine (acute) (2211)
• Pre-registration pharmacists working in the NHS and hospitals (2213)
• All teaching posts in special schools (2316)
• Commissioning engineers (3113)
• Production controllers in the electricity generation industry (3119)
• Licensed and military certifying engineers/inspector technicians and airframe fitters (5223)
• Site supervisors within the electricity transmission and distribution industries (5249)
• Skilled meat boners and meat trimmers (5431).
Amendments
• Simplified list of relevant job titles under the physicists, geologists and meteorologists occupation (2113)
• Change from previously listed a nurse specialities in connection with operating theatre work to ‘specialist nurses working in operating theatres’ (3211)
• Change from previous inclusion of nurses working in critical care units with a level 2 or level classification to nurses working in neonatal intensive care units only (3211)
• Change from previous inclusion of overhead linesworkers to overhead linesworkers within the electricity transmission and distribution industries only (5243)
• A three-year experience requirement for skilled chefs (5434).
• Slight change in the licencing arrangement for work riders (6139).
• Amendments to the skill definition of ballet dancers (3414).
Removals
• Most civil engineers (2121)
• Consultants in chemical pathology (2211);
• Consultants in child and adolescent psychiatry (2211);
• Consultants in clinical neurophysiology (2211);
• Consultants in clinical pharmacology and therapeutics (2211);
• Consultants in dermatology (2211);
• Consultants in immunology (2211);
• Consultants in intensive care medicine (2211);
• Consultants in paediatrics (2211);
• Consultants in plastic surgery (2211);
• Consultants in renal medicine (2211);
• Clinical psychologists (2212);
• Consultants in orthodontics (2215);
• Health Professions Council (HPC) registered ophthalmic and vision scientists (2112);
• Aircraft component manufacturing engineers (3113)
• Ship and hovercraft officers (3513).
The Government announced on 12 November 2009 that it was accepting the MAC's recommendations. This new shortage occupation list for the United Kingdom and Scotland will apply to all certificates of sponsorship assigned on or after 14 December 2009. Applications based on certificates of sponsorship assigned before this date will be considered against the shortage occupation list in place at the time.
Wednesday 18 November 2009
Prime Minister’s Speech on Immigration
On 12 November 2009 the Prime Minister made his first speech on immigration since February 2008. There are rarely any coincidences of timing in politics. Immigration is always rated highly amongst issues of interest to the public but the Guardian reports that private polling conducted during the summer by the Unite trade union showed that immigration is the single biggest issue leading natural Labour voters to defect either to the more extreme parties, such as the British National party, or refusing to vote at all.
The impact of the recession on employment and associated concerns about foreign workers, reports of Baroness Scotland’s employment of an illegal worker, the appearance of the BNP on Any Questions and the Home Secretary’s negative comments about Labour’s record have all combined to keep immigration in the media and provided a platform for the Tories to criticise Labour policies as ineffectual.
The Government has therefore recognised the need to reassert that it is in control by welcoming the contribution immigration has made to British society, confirming that it has been listening to the people and understands the issues, highlighting what it has achieved recently and rejecting Tory proposals for quotas as unworkable by reference to experience in the USA. Instead, the Government will tighten the existing points based system in order to manage and control migration.
The Prime Minister refers to the Migration Advisory Committee whose latest report had been accepted by Government (coincidentally) on the same day as the speech and that with the benefit of further training for the domestic workforce will be looking at further reductions in shortage occupations in the future. Examples cited by the Prime Minister are engineering roles, skilled chefs, and care workers. The time for a job to be advertised under the resident labour market test through a job centre will also be increased from 2 to 4 weeks.
He also re-affirms that the Points Based System will be extended to permanent residence and citizenship so that the right to stay permanently will no longer follow automatically after living in the UK for a certain number of years but will require a period of probationary citizenship and points-based test, with evidence of continuing economic contribution, of skills, of progress in English and knowledge of life in Britain. The right to post-18 education at the ‘home rate’, permanent social housing tenancies and some social security benefits will not be available to probationary citizens.
The Prime Minister also announced a review of student visas - to be conducted jointly by the Home Office and the Department for Business and to report in December. The review will look at the case for raising the minimum level of course for which foreign students can get a visa. It will also examine the case for introducing mandatory English language testing for student visas other than for English courses and review the rules under which students on lower qualification courses work part-time, especially those on short courses.
The impact of the recession on employment and associated concerns about foreign workers, reports of Baroness Scotland’s employment of an illegal worker, the appearance of the BNP on Any Questions and the Home Secretary’s negative comments about Labour’s record have all combined to keep immigration in the media and provided a platform for the Tories to criticise Labour policies as ineffectual.
The Government has therefore recognised the need to reassert that it is in control by welcoming the contribution immigration has made to British society, confirming that it has been listening to the people and understands the issues, highlighting what it has achieved recently and rejecting Tory proposals for quotas as unworkable by reference to experience in the USA. Instead, the Government will tighten the existing points based system in order to manage and control migration.
The Prime Minister refers to the Migration Advisory Committee whose latest report had been accepted by Government (coincidentally) on the same day as the speech and that with the benefit of further training for the domestic workforce will be looking at further reductions in shortage occupations in the future. Examples cited by the Prime Minister are engineering roles, skilled chefs, and care workers. The time for a job to be advertised under the resident labour market test through a job centre will also be increased from 2 to 4 weeks.
He also re-affirms that the Points Based System will be extended to permanent residence and citizenship so that the right to stay permanently will no longer follow automatically after living in the UK for a certain number of years but will require a period of probationary citizenship and points-based test, with evidence of continuing economic contribution, of skills, of progress in English and knowledge of life in Britain. The right to post-18 education at the ‘home rate’, permanent social housing tenancies and some social security benefits will not be available to probationary citizens.
The Prime Minister also announced a review of student visas - to be conducted jointly by the Home Office and the Department for Business and to report in December. The review will look at the case for raising the minimum level of course for which foreign students can get a visa. It will also examine the case for introducing mandatory English language testing for student visas other than for English courses and review the rules under which students on lower qualification courses work part-time, especially those on short courses.
Friday 16 January 2009
Sponsorship Management System
Sponsorship Management System
Under the Points Based System, once an application for a licence is successful, the sponsor (normally an employer or educational establishment) will receive a sponsor licence number and be able to use the sponsorship management system, an online tool for the administration of sponsorship actions. Sponsors are provided with a username and password to log onto the sponsorship management system from the UK Border Agency website. (Note that for educational establishments acting as tier 4 sponsors, the sponsorship management system will not go live until Autumn 2009.)
The first step is for the sponsor to allocate four roles:
• Authorising officer – responsible for the activities of all users of the system (although ultimately it is the sponsor itself that is ultimately responsible and risks action being taken against it in the event of non-compliance)
• Level 1 user – able to undertake the full range of activities under the sponsorship management system
• Level 2 user – able to undertake a more limited range of activities under the sponsorship management system
• Key contact – the nominated point of contact between the UK Border Agency and the organisation.
These roles can be filled by the same person or different people but there can only be one authorising officer. It is for the authorising officer to decide how many people should have access to the system bearing in mind that the authorising officer can fill any of the other roles him/herself. In particular, if the authorising officer wishes to have access to the system, he/she must also set himself up as a level 1 or level 2 user, although additional level 1 and level 2 users can be appointed. (Note that the sponsor should appoint only one level 1 user at the time of application for a licence but that additional level 1 users can be nominated via the sponsorship management system after a licence has been approved.) Whilst not necessarily undertaking the tasks on a regular basis, our advice in most cases would be for the authorising officer to also be a level 1 user.
The sponsor should also appoint one key contact. As before, the key contact can be the authorising officer; it can be a single specific role; or combined with other roles. But again, the key contact must also be a level 1 or level 2 user to have access to the sponsorship management system. In our view, there is logic to combining the role of key contact with that of level 1 user. The level 1 user is responsible for setting up accounts for level 2 users.
Note that the UK Border Agency make background checks on the authorising officer, key contact and level 1 user.
The authorising officer must be a paid staff member or office holder of the organisation and cannot be a “representative”, a contractor, member of a third party organisation, temporary staff member or un-discharged bankrupt.
The key contact, level 1 and level 2 users can be paid members of staff or a “representative” acting on behalf of the organisation but cannot be a contractor engaged for a specific project. Level 1 and level 2 users (but not the key contact) can also be members of a third party organisation engaged to deliver an organisations HR function and level 2 users can be staff supplied to an organisation but employed by an employment agency.
“Representatives” must be qualified to provide advice in accordance with Section 84 of the Immigration and Asylum Act 1999 or a regulated member of a designated body (or working under the supervision of such a person) listed in the Act.
Veristat is regulated by the OISC, is qualified to provide immigration advice and able to act as your “representative” in helping with the completion of licence applications, acting as the key contact and in undertaking all or part of the roles of Level 1 and 2 users. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements.
We would also welcome hearing your views and experiences of using the sponsorship management system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk
Under the Points Based System, once an application for a licence is successful, the sponsor (normally an employer or educational establishment) will receive a sponsor licence number and be able to use the sponsorship management system, an online tool for the administration of sponsorship actions. Sponsors are provided with a username and password to log onto the sponsorship management system from the UK Border Agency website. (Note that for educational establishments acting as tier 4 sponsors, the sponsorship management system will not go live until Autumn 2009.)
The first step is for the sponsor to allocate four roles:
• Authorising officer – responsible for the activities of all users of the system (although ultimately it is the sponsor itself that is ultimately responsible and risks action being taken against it in the event of non-compliance)
• Level 1 user – able to undertake the full range of activities under the sponsorship management system
• Level 2 user – able to undertake a more limited range of activities under the sponsorship management system
• Key contact – the nominated point of contact between the UK Border Agency and the organisation.
These roles can be filled by the same person or different people but there can only be one authorising officer. It is for the authorising officer to decide how many people should have access to the system bearing in mind that the authorising officer can fill any of the other roles him/herself. In particular, if the authorising officer wishes to have access to the system, he/she must also set himself up as a level 1 or level 2 user, although additional level 1 and level 2 users can be appointed. (Note that the sponsor should appoint only one level 1 user at the time of application for a licence but that additional level 1 users can be nominated via the sponsorship management system after a licence has been approved.) Whilst not necessarily undertaking the tasks on a regular basis, our advice in most cases would be for the authorising officer to also be a level 1 user.
The sponsor should also appoint one key contact. As before, the key contact can be the authorising officer; it can be a single specific role; or combined with other roles. But again, the key contact must also be a level 1 or level 2 user to have access to the sponsorship management system. In our view, there is logic to combining the role of key contact with that of level 1 user. The level 1 user is responsible for setting up accounts for level 2 users.
Note that the UK Border Agency make background checks on the authorising officer, key contact and level 1 user.
The authorising officer must be a paid staff member or office holder of the organisation and cannot be a “representative”, a contractor, member of a third party organisation, temporary staff member or un-discharged bankrupt.
The key contact, level 1 and level 2 users can be paid members of staff or a “representative” acting on behalf of the organisation but cannot be a contractor engaged for a specific project. Level 1 and level 2 users (but not the key contact) can also be members of a third party organisation engaged to deliver an organisations HR function and level 2 users can be staff supplied to an organisation but employed by an employment agency.
“Representatives” must be qualified to provide advice in accordance with Section 84 of the Immigration and Asylum Act 1999 or a regulated member of a designated body (or working under the supervision of such a person) listed in the Act.
Veristat is regulated by the OISC, is qualified to provide immigration advice and able to act as your “representative” in helping with the completion of licence applications, acting as the key contact and in undertaking all or part of the roles of Level 1 and 2 users. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements.
We would also welcome hearing your views and experiences of using the sponsorship management system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk
Register of Sponsors
Register of Sponsors
Under the Points Based System (PBS), employers or education providers who wish to act as “sponsors” (that is, employers who wish to employ non-EEA nationals or educational establishments who wish to recruit non-EEA students) require a licence.
Licences can be applied for under tiers 2, 4 and 5. Applications under tier 3 are currently suspended.
Tier 2:
• Skilled workers
• Intra-company transfers
• Sports people
• Ministers of religion
Tier 4:
• Students
Tier 5:
• Creative and sporting workers.
• Charity workers;
• Religious workers;
• International agreement workers.
Once an organisation granted a licence, it is added to the register of sponsors.
The register of sponsors has the name, location (town and region) and rating of the organisation.
Unfortunately, the register does not show the sector in which the organisation operates or any other details which could be useful for research purposes.
The rating for an organisation can be an ‘A’ or a ‘B’. An ‘A’ rating indicates that there has been no previous evidence of abuse by an organisation and that all the necessary systems are in place. The UK Border Agency defines a ‘B’ rating as indicating that “there may be previous evidence of abuse [of the immigration laws or serious offences in connection with the way the business is run], or a visiting officer has found evidence that the correct systems are not in place or not adequate to meet your duties [under the PBS].”
A ‘B’ rating is regarded as a transitional measure carrying with it an expectation on the part of the UK Border Agency that performance will improve within a relatively short time (normally 3 months) to warrant upgrading to an ‘A’ rating. An action plan will be drawn up setting out the steps required to achieve an ‘A’ rating. If an organisation does not comply with the action plan, its licence can be withdrawn.
There are two Registers of Sponsors that can be viewed on the Home Office website: one for employers with 6123 entries and the other for educational establishments with 724 entries. 96 of the organisations on the Register are rated ‘B’ (figures as at 12.1.2009). Note, however, that educational establishments are also included (repeated) on the ‘employers register. For further information see the UK Border Agency website:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors
Veristat can help you with your application for a sponsorship licence and action plan to upgrade a ‘B’ rating. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements
We would also welcome hearing your views on the register of sponsors for inclusion in future articles on this blog. Contact us on info@veristat.co.uk.
Under the Points Based System (PBS), employers or education providers who wish to act as “sponsors” (that is, employers who wish to employ non-EEA nationals or educational establishments who wish to recruit non-EEA students) require a licence.
Licences can be applied for under tiers 2, 4 and 5. Applications under tier 3 are currently suspended.
Tier 2:
• Skilled workers
• Intra-company transfers
• Sports people
• Ministers of religion
Tier 4:
• Students
Tier 5:
• Creative and sporting workers.
• Charity workers;
• Religious workers;
• International agreement workers.
Once an organisation granted a licence, it is added to the register of sponsors.
The register of sponsors has the name, location (town and region) and rating of the organisation.
Unfortunately, the register does not show the sector in which the organisation operates or any other details which could be useful for research purposes.
The rating for an organisation can be an ‘A’ or a ‘B’. An ‘A’ rating indicates that there has been no previous evidence of abuse by an organisation and that all the necessary systems are in place. The UK Border Agency defines a ‘B’ rating as indicating that “there may be previous evidence of abuse [of the immigration laws or serious offences in connection with the way the business is run], or a visiting officer has found evidence that the correct systems are not in place or not adequate to meet your duties [under the PBS].”
A ‘B’ rating is regarded as a transitional measure carrying with it an expectation on the part of the UK Border Agency that performance will improve within a relatively short time (normally 3 months) to warrant upgrading to an ‘A’ rating. An action plan will be drawn up setting out the steps required to achieve an ‘A’ rating. If an organisation does not comply with the action plan, its licence can be withdrawn.
There are two Registers of Sponsors that can be viewed on the Home Office website: one for employers with 6123 entries and the other for educational establishments with 724 entries. 96 of the organisations on the Register are rated ‘B’ (figures as at 12.1.2009). Note, however, that educational establishments are also included (repeated) on the ‘employers register. For further information see the UK Border Agency website:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors
Veristat can help you with your application for a sponsorship licence and action plan to upgrade a ‘B’ rating. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements
We would also welcome hearing your views on the register of sponsors for inclusion in future articles on this blog. Contact us on info@veristat.co.uk.
Civil Penalties and the Employment of Illegal Workers
Civil Penalties and the Employment of Illegal Workers
Ministers have described the introduction of the Points Based System (PBS) as one of the biggest changes to the UK immigration system in recent years. Sitting alongside the PBS, and arguably of equal significance has been the introduction of civil penalties of up to £10,000 for employers of illegal migrant workers.
It is well understood that ease of access to the workplace encourages illegal migrants and that conversely, making it more difficult for a person to take employment when not entitled deters illegal migrants. UK immigration legislation has for many years included provision for the prosecution of employers who have knowingly employed illegal migrant workers but successful prosecutions have proved difficult and as a result relatively rare. Operationally, the focus of the UK Border Agency and its predecessors has tended to be on tracing individual illegal migrants, a highly resource intensive and all too often unsuccessful task, rather than looking further up the chain at employers.
The introduction of civil penalties on 29 February 2008 along with the licencing of employers under the PBS has changed this landscape. The imposition more than a decade ago of civil penalties on airlines and other carriers for bringing people to the UK without adequate documentation provides a precedent for the effectiveness of a policy which looks to a third party to help police the immigration system. Whilst there is a sound argument to say that employers have always had a responsibility for who they employ, this is now being re-enforced by tough penalties and sanctions which are administrative rather than criminal, easier to apply and far more effective than anything that has existed in the past.
This is not just a cosmetic campaign. It is a completely different strategy which recognizes the motivation of illegal, economic migrants to work and seeks to shut down their ability to do so by involving employers and educational establishments in the policing of the system. The seriousness of the UK Border Agency’s intent is also seen in their publication on its website of the details of employers who have been found to be liable for a civil penalty for employing illegal migrant workers.
Publication started in June 2008 and includes penalties recorded for during the previous month. Data is for employers against whom notices of liability have been issued and civil penalties imposed for the use of illegal migrant workers. It is recorded for each of 6 regions reflecting the structure of the UK Border Agency and shows employer and company name, location of the company, number of illegal workers amount and date of the penalty. Latest data (November 2008) covers the period broadly May – mid September 2008 and shows penalties of £1,550,000 in respect of 334 illegal workers. Figures by region are:
North East, Yorkshire and Humberside
Number of illegal workers
47
Amount of civil penalty imposed
£230,000
Midlands and East of England
Number of illegal workers
73
Amount of civil penalty imposed
£312,500
Wales and South West
Number of illegal workers
49
Amount of civil penalty imposed
£237,500
North West
Number of illegal workers
51
Amount of civil penalty imposed
£232,500
Scotland and Northern Ireland
Number of illegal workers
29
Amount of civil penalty imposed
£140,000
London and South East
Number of illegal workers
85
Amount of civil penalty imposed
£397,500
Veristat can help you avoid employing illegal workers and the consequent risk of a civil penalty by carrying out the proper documents checks in accordance with the new regulations. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements
We would also welcome hearing your views on the operation of civil penalty system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk
Ministers have described the introduction of the Points Based System (PBS) as one of the biggest changes to the UK immigration system in recent years. Sitting alongside the PBS, and arguably of equal significance has been the introduction of civil penalties of up to £10,000 for employers of illegal migrant workers.
It is well understood that ease of access to the workplace encourages illegal migrants and that conversely, making it more difficult for a person to take employment when not entitled deters illegal migrants. UK immigration legislation has for many years included provision for the prosecution of employers who have knowingly employed illegal migrant workers but successful prosecutions have proved difficult and as a result relatively rare. Operationally, the focus of the UK Border Agency and its predecessors has tended to be on tracing individual illegal migrants, a highly resource intensive and all too often unsuccessful task, rather than looking further up the chain at employers.
The introduction of civil penalties on 29 February 2008 along with the licencing of employers under the PBS has changed this landscape. The imposition more than a decade ago of civil penalties on airlines and other carriers for bringing people to the UK without adequate documentation provides a precedent for the effectiveness of a policy which looks to a third party to help police the immigration system. Whilst there is a sound argument to say that employers have always had a responsibility for who they employ, this is now being re-enforced by tough penalties and sanctions which are administrative rather than criminal, easier to apply and far more effective than anything that has existed in the past.
This is not just a cosmetic campaign. It is a completely different strategy which recognizes the motivation of illegal, economic migrants to work and seeks to shut down their ability to do so by involving employers and educational establishments in the policing of the system. The seriousness of the UK Border Agency’s intent is also seen in their publication on its website of the details of employers who have been found to be liable for a civil penalty for employing illegal migrant workers.
Publication started in June 2008 and includes penalties recorded for during the previous month. Data is for employers against whom notices of liability have been issued and civil penalties imposed for the use of illegal migrant workers. It is recorded for each of 6 regions reflecting the structure of the UK Border Agency and shows employer and company name, location of the company, number of illegal workers amount and date of the penalty. Latest data (November 2008) covers the period broadly May – mid September 2008 and shows penalties of £1,550,000 in respect of 334 illegal workers. Figures by region are:
North East, Yorkshire and Humberside
Number of illegal workers
47
Amount of civil penalty imposed
£230,000
Midlands and East of England
Number of illegal workers
73
Amount of civil penalty imposed
£312,500
Wales and South West
Number of illegal workers
49
Amount of civil penalty imposed
£237,500
North West
Number of illegal workers
51
Amount of civil penalty imposed
£232,500
Scotland and Northern Ireland
Number of illegal workers
29
Amount of civil penalty imposed
£140,000
London and South East
Number of illegal workers
85
Amount of civil penalty imposed
£397,500
Veristat can help you avoid employing illegal workers and the consequent risk of a civil penalty by carrying out the proper documents checks in accordance with the new regulations. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements
We would also welcome hearing your views on the operation of civil penalty system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk
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