No one can fail to notice that the UK Border Agency has been pushing for change in the immigration system and finally, in the latter part of 2008, much of the new system was implemented.

There is now a ‘points based system’ whereby everything from a person’s qualifications to their ability to financially maintain and accommodate themselves is converted into points.  Essentially, to now qualify to enter the UK under a certain immigration category you must provide evidence to show that you possess certain attributes in order to earn the required points.

There are five categories:

Tier 1 – Highly skilled workers, investors, entrepreneurs and post study workers

Tier 2 – Sponsored skilled workers with a job offer

Tier 3 – Low skilled workers (not yet a live category)

Tier 4 – Students (which went live on the 31 March 2009)

Tier 5 – Temporary workers and Youth Mobility Scheme

The points based system is not only for applicants wishing to work in the UK but in certain categories, such as Tiers 2 and 5 at present, employers are now required to take on more responsibility for the overseas workers they employ by applying to become ‘licensed sponsors’.  

Amongst the various requirements, employers must show that they have an adequate human resources system which monitors their overseas employees.  Failure of an employer to adhere to its’ various obligations under the new law can result in heavy penalties and its’ sponsorship licence being withdrawn, all of which can also result in bad publicity and significant disruption to business for the employer.    

These recent changes in Immigration Law can cause uncertainty for individuals and employers alike so if you would like to talk through any points, please contact Marvin Simons or Jenny Chan.