Services for Business

Business Immigration

On 27 November 2008, the Government introduced the second stage of the new Points Based System (PBS) for immigration control which replaces the current Work Permit Scheme.

The introduction of Tier 5 and, in particular, Tier 2 of the Points Based System will have a significant effect on any business that has in the past, or is looking in the future, to employ skilled foreign workers from outside Europe.

Under the new regime, every business that wants to employ a skilled foreign worker will need to apply for a sponsored licence from the UK Borders Agency (UKBA) and will not be able to employ any skilled foreign worker unless they are registered as a sponsor.

To assist you with this change, Taylor Walton has created a fixed fee package of £750 + VAT for registration. In addition, there is an application fee payable to UKBA. The fee varies from £300 – £1,000 depending on the type of application required and the classification of the Company.

We will assist with the completion of the entire registration process for you, will produce a detailed breakdown of the new system once it has been completed and will inform you of your continuing duties under the registration.

The Tier 2 procedure for employment of "skilled workers" has four categories:

  • Skilled workers (general)
  • Intercompany transfers
  • Sports people
  • Ministers of religion

Of these categories, the first two are seen as being the most relevant to many businesses up and down the United Kingdom.

As a sponsor, you will be able to issue certificates of sponsorship to any migrant worker under Tier 2. However, this ability comes with a significant responsibility for ensuring that the migrant workers comply with their immigration conditions. This will involve you keeping full records on each migrant and will require the employer, rather than the UKBA to monitor the migrant and report any breaches of immigration conditions.

Failure to comply with the detailed requirements will have serious consequences for the business in question. This will include the downgrading or withdrawal of the sponsorship licence, a potential maximum fine of £10,000 and 2 years imprisonment.

If you would like further information on our registration package please contact Clive Borthwick (Partner) or Chris Brazier (Solicitor) who will be pleased to discuss the latest changes and how they will apply to your organisation. Alternatively, they can be contacted on 01582 731161.