Sponsorship in the points based system

The Points Based System (PBS) is to become the exclusive gateway to UK entry for students, business, employment and voluntary work.

The Government has declared its intention to establish five tiers each of which sub-divide into categories with specific requirements.

Tier 1

Highly skilled individuals to contribute to UK growth and productivity - fully implemented in June 2008. HSMP has been terminated. The International Graduate Scheme has become the Post Study Work within Tier 1.

Tier 2

Skilled workers with a job offer to fill gaps in the UK labour force - to commence in the third quarter in 2008.

Tier 3

Limited number of low skill workers needed to fill temporary labour shortages - no details yet available. Not intended to operate until restrictions are lifted on Romanian and Bulgarian nationals.

Tier 4

Students - to commence in the first quarter of 2009.

Tier 5

Youth mobility, temporary workers and voluntary workers - to commence third quarter of 2008.

PBS TIER ONE is divided into four categories:-

• General - for highly skilled migrants either seeking employment of self-employment.

• Entrepreneurs - for business people with at least £200,000.00 to invest in joining, setting up or taking over UK business with a view to active participation.

• Investors - threshold investment required is £1million; unlike all other categories the requirement to demonstrate competence in English is waived.

• Post study - Absorbs the previous schemes for Science and Engineering Graduates and the International Graduates Scheme.

Immigration Rule Changes - have now been made, together with changes in UK Border Agency (UKBA) guidance and implementation of the UK Borders Act 2007.

Business Educational Religous and Charitable Sponsors

The role of Sponsorship with PBS is to prove that a migrant has a genuine job or course to go to in the UK.

In return for prospective benefits from admitting non-resident labour or students, the Sponsor undertakes defined responsibilities. Those duties may be specific to certain parts of the PBS, but always include generic duties:

• Obtaining, copying, retaining and updating identification and contact details of the migrant.

• Co-operating with UKBA Management and Compliance Procedures.

• Reporting promptly to UKBA relevant failures of work or study obligations by the migrant, termination of the employment or discontinuation of the studies.

• Reporting changes in relevant circumstances of the migrant or the sponsor.

• Reporting to UKBA suspicion of breach of conditions of leave or to police of possible engagement by the migrant in terrorism or crime.

Application for a sponsor's licence

This is by an on-line procedure, which will authorise the sponsor to issue Certificates of Sponsorship to prospective migrants. Such a certificate is a pre-condition to visa application at a UK Post abroad.

A Sponsor's Licence will be specific to particular migration routes: for example skilled workers for permanent jobs; temporary workers; religious workers; students. Following the on-line application, UKBA will require support documents relevant to the work/study category. Sponsors Licences will be required for all PBS Tiers except Tier 1. Currently, applications are only being accepted for Tier 2, which will replace Work Permits from Autumn 2008. Applicants are required to estimate by reference to the 4 year validity of the licence, how many non-EEA skilled workers they may require. They will need to specify the relevant Tier and, where applicable, which subsidiary category, in which they seek authorisation to issue the certificates.

Extensive organisational information and documentary evidence is required to prove the genuineness and UK trading presence of the applicant. In order to qualify for the benefits of employing non-EEA skilled workers, the sponsor is required to undertake extensive record keeping, reporting and compliance obligations. They must identify an Authorising Officer, Key Contact, and Level 1 and 2 users (who could be the legal representative) of the UKBA Sponsor Management System (SMS).

MfB can advise on and assist with application for a sponsor's licence, assembling or generating support documentation and serving an application is required. We can assist as necessary in challenging any refusal and arranging a pre-application. No formal review or appeal process appears currently to be envisaged in connection with application for a Sponsor's licence.